AIT 1. The respondent’s power to deport an EEA national is governed by the EEA Regulations 2006, and is much more restricted than in an ‘ordinary’ conducive case. Only if satisfied that deportation is required on grounds of public policy or public security should the Tribunal go on to consider whether deportation would contravene the Human Rights Convention.
2. When a deportation appeal is being considered under paragraph 364 of the Immigration Rules (as amended from 20th July 2006), the Tribunal should consider whether deportation would be contrary to the Refugee or the Human Rights Convention before considering whether there are any exceptional circumstances which outweigh the presumption in favour of deportation. But when the appellant is an EEA national, his human rights should not be the first thing to be considered.
[2008] UKAIT 00087
Bailii
England and Wales
Updated: 16 August 2021; Ref: scu.278543
