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.


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

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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.

Published 28 July 2014
Last updated 4 August 2017 + show all updates
  1. Document updated.
  2. Updated guidance.
  3. Updated guidance.
  4. Updated guidance.
  5. This document is to be used on or after 20 October 2014.
  6. First published.