CJEU on registration certificates and exclusion orders: implications for practice

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. Exclusion order and return Article 27 of Directive 2004/38 states that EU member states may limit free movement of EU citizens on grounds of public security, public policy, or public health. Accordingly, the Greek government ordered Mr Petrea’s return to Romania on 30 October 2011. His name was entered into the list of “undesirable aliens” – barring him from entry to Greece until 30 October 2018. Mr Petrea had been informed, in writing and in a language...

5th October 2017 By Paul Erdunast

Hospital orders and deportation

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 is “a foreign criminal who has been sentenced to a period of imprisonment of at least four years” for the purposes of section 117C(6) of the Nationality, Immigration and Asylum Act 2002, so that the public interest requires his deportation unless there are very compelling circumstances that mean that it would be a disproportionate interference with his rights under article 8 of the European Convention on...

4th October 2017 By Nath Gbikpi

Tribunal: Home Office must prove present risk to deport EU citizens

In the very recent case of Arranz (EEA Regulations – deportation – test) [2017] UKUT 294 (IAC) President McCloskey set out the correct approach to EU law deportations. The official headnote instructs us: (i) The burden of proving that a person represents a genuine, present and sufficiently threat affecting one of the fundamental interests of society under Regulation 21(5)(c) of the EEA Regulations rests on the Secretary of State. (ii) The standard of proof is the balance of probabilities. (iii) Membership of an organisation proscribed under the laws of a foreign country does not without more satisfy the aforementioned test. (iv) The “Bouchereau” exception is no longer good law: CS...

28th September 2017 By Colin Yeo

Leaked immigration document suggests huge rise in European criminal deportation after Brexit

The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal duty on the Home Office to bring deportation proceedings against any foreign national convicted of a crime and sentenced to 12 months or more in prison. These are referred to as “automatic deportation”: see section 32 of the UK Borders Act 2007. There is currently an exception for those resident under EU law (section 33(4)) but this will end with Brexit when EU law ceases to apply. 12 month sentences are imposed...

13th September 2017 By Nick Nason

What is the law governing the deportation of EU nationals?

Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countries) are contained within a European Directive (2004/38/EC of 29 April 2004), and brought into domestic law by the Immigration (European Economic Area) Regulations 2016. We consider the protections afforded to European nationals against expulsion from the UK, the circumstances in which the protection can be invoked (and, arguably, lost), and consider the future of deportation law for European nationals if and when the UK leaves the Union. European rules...

23rd August 2017 By Nick Nason

Operation Nexus police/immigration joint working unsuccessfully challenged in High Court

In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017) the excellent AIRE centre brought a challenge to the way Operation Nexus operates in respect of European and EEA nationals. Operation Nexus has been covered previously by Free Movement, most recently reporting on the belated released of guidance, with calls for both evidence and funding for this recent challenge publicised via the blog. What is Nexus? As detailed in previous writing on the subject, and as set out in this judgment [6] Operation Nexus has three strands or elements; only the first...

10th August 2017 By Nick Nason