[2024] UKUT 00393 (IAC)

Castro (Appendix EU, “deportation order”)

Heard at Field House

THE IMMIGRATION ACTS

Promulgated on29 October 2024

Before

UPPER TRIBUNAL JUDGE JACKSON

UPPER TRIBUNAL JUDGE BLUNDELL

Between

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

Jose Paulo Castro

(NO ANONYMITY ORDER MADE)

Respondent

Representation:

For the Appellant: Mr Z Malik KC of Counsel, instructed by the Government Legal Department

For the Respondent: Mr R Khubber of Counsel, instructed by Turpin Miller LLP

1. The definition of “deportation order” in paragraph (b) of Annex 1 to Appendix EU of the Immigration Rules must be read as follows (emphasis added):

“(b) an order made under section 5(1) of the Immigration Act 1971 by virtue of section 3(5) or section 3(6) of that Act in respect of:

(i) conduct committed after the specified date; and/or

(ii) conduct committed by the person before the specified date, where the Secretary of State has decided that the deportation order is justified on the grounds of public policy, public security or public health in accordance with regulation 27 of the EEA Regulations, irrespective of whether the EEA Regulations apply to the person (except that in regulation 27 for “with a right of permanent residence under regulation 15” and “has a right of permanent residence under regulation 15” read “who, but for the making of the deportation order, meets the requirements of paragraph EU11, EU11A or EU 12 of Appendix EU to the Immigration Rules”; and for “an EEA decision” read “a deportation decision”); or”

2. The time period of the conduct relied upon by the Respondent will dictate whether BOTH sub-paragraph (i) and (ii) will apply (if conduct committed both before and after the specified date is relied upon) or whether paragraph (i) or (ii) will apply (if only conduct committed EITHER before or after the specified date is relied upon).

DECISION AND REASONS