OpenLegislation

Paragraph 2 Deportation and exclusion ordersI1I2

United Kingdom

(1)

Any deportation order made or treated as having been made by virtue of the EEA Regulations 2016 M1 continues to apply for the period specified in the order or until revoked.

(2)

Any deportation order made by virtue of the EEA Regulations 2016 as they are continued in effect by the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 M2 continues to apply for the period specified in the order or until revoked.

(3)

Any exclusion order made or treated as having been made by virtue of the EEA Regulations 2016 M3 continues to apply for the period specified in the order or until revoked.

(4)

Any exclusion order made by virtue of the EEA Regulations 2016 as they are continued in effect by the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 continues to apply for the period specified in the order or until revoked.

(5)

Regulation 34(3) to (6) of the EEA Regulations 2016 (revocation of deportation and exclusion orders) continue to apply—

(a)

in respect of any deportation order or exclusion order within sub-paragraph (1) or (3) with the modification that in paragraph (3), after “deportation or exclusion order” there were inserted “ made on the grounds of public policy, public security or public health in accordance with regulation 27 ”;

(b)

in respect of any deportation order or exclusion order within sub-paragraph (2) or (4) with the modifications that—

(i)

in paragraph (3), after “deportation or exclusion order” there were inserted “ made on the grounds of public policy, public security or public health in accordance with regulation 27 ”;

(ii)

after paragraph (6) there were inserted—

“(7)

An application for revocation of a deportation order made on conducive grounds in accordance with regulation 27A is to be considered in accordance with the immigration rules that apply in relation to an application for revocation of a deportation order made by virtue of section 3 of the Immigration Act 1971.”.

(6)

This paragraph does not apply to the extent that the provisions specified in paragraph (5) continue to apply to a deportation or exclusion order by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

Annotations

Marginal citations

M1

Deportation orders made under the Immigration (European Economic Area) Regulations 2006 S.I. 2006/1003 are treated as being made under the EEA Regulations by virtue of paragraph 5(2) of Schedule 6 to the EEA Regulations.

M2

S.I. 2020/1209.

M3

Exclusion orders made under the Immigration (European Economic Area) Regulations 2006 S.I. 2006/1003 are treated as being made under the EEA Regulations by virtue of paragraph 5(4) of Schedule 6 to the EEA Regulations.

Commencement

I1

Sch. 3 para. 2 not in force at made date, see reg. 1

I2

Sch. 3 para. 2 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)