HHD Successfully Defend Deportation Order

21 March 2018

Mr M is a 37 year old Polish National who had been living and working in Northern Ireland since 2005. It was submitted that at all times during his presence in Northern Ireland he was a qualified person under Regulation 6 of the 2006 Regulations.

Mr M had applied for and was granted a Registration Certificate in July 2007. He was therefore a permanent resident of the UK having spent 5 consecutive years from the date of issue, that being July 2007. This point alone highlights that EEA Nationals should seek to a formalise, by way of Registration Certificate, the date of arrival in the UK as often the Home Office will not accept the date of arrival from the EEA National themselves. It was important in this case that we could prove Mr M had attained permanent residency for the purposes of defending the deportation order.

Mr M pleaded guilty to the following offences:

• Cultivation of cannabis
• Possession of Class B with intent to supply
• Dishonestly using without due authority a quantity of electricity.

He received a sentence of 10 months custody followed by 10 months supervised licence.

Mr M had previously been convicted in Northern Ireland of some minor road traffic offences.

It was accepted that he had been convicted of an offence for which he had been sentenced to a period of imprisonment of less than 4 years but at least 12 months. The Secretary of State was therefore urged not to pursue deportation but grant him limited Leave to Remain under Paragraphs 399 of the Immigration Act 2014. The offences themselves did not cause the death or serious injury to an individual or group of individuals and none were crimes of violence. The Home Office were reminded of the test for deportation of an EU Citizen who has acquired permanent residence as set out in Regulation 27(3) of the Immigration (EEA) Regulations 2016 (which implements Article 28.2 of Council Directive 2004/38/EC).

Representations were also made to the Home Office regarding Mr M's Article 8 Rights. He is the father of 2 children aged 6 years and 1 years. His 6 year old son was in receipt of a British passport, was born in Northern Ireland and spoke only English. The Home Office decision maker was referred to the decision of H (Tanzania) -v- Secretary of State for the Home Department (2011) UKSC 4 - and the best interests of the child test.

Documentary evidence was provided to the Home Office regarding Mr M's low ACE Score and exemplary conduct since his imprisonment. References were also submitted in relation to rehabilitation courses undertaken by him whilst in prison.

As a result of the Home Office decision not to deport, Mr M is now eligible to apply for conditional early release under Article 19 of the Criminal Justice (NI) Order 2018.

Charlene Dempsey who dealt with the case:

"Regretfully we see many foreign nationals who have failed to take any action regarding deportation proceedings whilst in prison. Upon release they are deported to their country of origin and very often breach the deportation order by returning to the UK to be with family. This is a serious criminal offence and will usually result in a further custodial sentence."

If you require assistance with any immigration matter, please contact our specialist immigration department.

Charlene Dempsey


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