Macnikowski (Applicable Policies): UTIAC 12 Dec 2014

(1) The principle in Abdi [1995] EWCA Civ 27 involves an entitlement to the benefit of a policy that is applicable to the person concerned.
(2) As from 1 April 2009 the applicable policy relating to deportation of EEA nationals who have committed serious offences was that set out in the Criminal Casework Directorate (European Economic Area) Cases (‘CCD:EEA’). The preceding policy set out in the Home Office Enforcement Instructions and Guidance (EIGs) Chapter 12.3 ceased to be applicable from that date, notwithstanding that it remained by mistake on the Home Office website for several years thereafter.
(3) From 15 January 2013 the CCD-EEA policy was in turn revised by modernised guidance entitled: Criminal casework: European Economic Area (EEA) foreign national offender (FNO) cases (CC:EEA)(FNO).


[2014] UKUT 567 (IAC)




England and Wales


Updated: 04 July 2022; Ref: scu.543197