From 1 January 2007 nationals of Bulgaria and Romania became EEA nationals. This has major consequences for any pending asylum-related appeals by such persons. If their appeal relates to an immigration decision made before 1 January 2007 – and it has not been withdrawn – it must be allowed, since removal of EEA nationals is unlawful except where public policy, health or security reasons require otherwise. (The only exception to this arises in respect of deportation decisions governed by regulation 8(2) of the Accession (Immigration and Worker Authorisation) Regulations 2006.)
Reported decisions on the current AIT list of Country Guideline cases relating to countries which have since acceded to the EU no longer afford current guidance. It is appropriate, therefore, that they be removed. It may be in an unusual case raising issues for example of chain refoulement, that there will still be a role for country guidance cases dealing with member States of the EU, but clearly none of the existing cases dealing with the accession member States fall into that category.
Citations:
[2007] UKAIT 00004
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 30 November 2022; Ref: scu.248461