Guidance

Certification guidance for non-suspensive appeals: EEA deportation

This guidance applies to anyone with enforceable EU law rights who has received a deportation decision and could appeal or has a pending appeal against that decision.

• From: UK Visas and Immigration
• Published: 28 July 2014
• Last updated: 22 December 2021 — See all updates

Documents

Regulations 33 and 41 of the Immigration (European Economic Area) Regulations 2016

PDF, 303 KB, 26 pages

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Details

This guidance explains regulations 33 and 41 of the Immigration (European Economic Area) Regulations 2016, which came into force on 1 February 2017.

If it has been decided to deport you under regulation 19(3)(b) of the Immigration (European Economic Area) Regulations 2006 or under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (for example, the Secretary of State decided your deportation was justified on grounds of public policy, public security or public health), then you may be deported before the conclusion of any appeal proceedings if this would not breach your human rights.

If you have already left the UK, the EEA Regulations allow you to apply from outside the UK for permission to re-enter the UK to make submissions in person at your appeal hearing.

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Published 28 July 2014
Last updated 22 December 2021 + show all updates

1. 22 December 2021

   Guidance updated with minor clarifications about the circumstances where removal can still proceed where the person applies for an interim order.

2. 3 April 2020

   Updated guidance.

3. 4 August 2017

   Document updated.

4. 2 February 2017

   Updated guidance.

5. 9 May 2016

   Updated guidance.

6. 19 January 2016

   Updated guidance.

7. 20 October 2014

   This document is to be used on or after 20 October 2014.

8. 28 July 2014

   First published.