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Immigration (EEA) Regulations

Volume 449: debated on Wednesday 19 July 2006

To ask the Secretary of State for the Home Department if he will list the ways in which the Immigration (EEA) Regulations 2006 (a) impact on the deportation of (i) European Economic Area (EEA) nationals and (ii) members of EEA nationals' extended families and (b) change the relevant processes in place previously. (73427)

EEA nationals and their family members may be deported if their removal is justified on the grounds of public policy, public security or public health. The principles to be applied to such deportation cases are set out in regulation 21 of the 2006 Regulations. The deportation provisions in the 2006 Regulations will only apply to an "extended family member" of an EEA national if the United Kingdom has issued entry or residence documentation to the extended family member under the Regulations.

The deportation provisions in the 2006 Regulations are in most respects similar to those in the previous Regulations but introduce different tests for deportation where EEA nationals and their family members have acquired permanent residence in the UK or where an EEA national has resided in the UK for at least 10 years or is under 18. The 2006 Regulations also update the list of diseases relevant to deportation decisions taken on public health grounds and provide some opportunity for a person to leave voluntarily when facing deportation.