Simplifying the Appeals Process for EU Citizens Facing Deportation in the UK: Key Changes Explained

The UK government is making significant changes to streamline the appeals process for EU citizens who face deportation, aiming to make the system more efficient for both the individuals involved and the Home Office. Here’s what you need to know about the new regulations set to be implemented in 2025.

What’s Changing?

The new legislation amends the existing Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. The main goal is to simplify the process for those who are part of the EU Settlement Scheme (EUSS) and are subject to deportation under the Immigration Act 1971.

Previously, individuals could find themselves entangled in two separate appeal processes: one triggered by the deportation order and another if they made a human rights or protection claim. This often led to inefficiencies, with separate hearings and the potential for premature decisions if all claims were not assessed together.

The New Approach

Under the amended regulations, the right to appeal will now only arise after the individual has had the opportunity to make representations against the deportation order. This change means:

1. Unified Appeals: If a person raises a human rights or protection claim, the appeal against the deportation order and the appeal regarding the refusal of these claims can be heard together. This streamlines the process, avoiding multiple hearings.

2. Efficiency Gains: By consolidating appeals into a single process, the Home Office and legal system can save time and resources, reducing the burden on both the government and the individuals involved.

3. No Public Consultation: Although these changes were made without a public consultation, they are seen as primarily operational, focused on improving the internal processes of the Home Office.

Impact and Monitoring

The changes are not expected to impact businesses, charities, or the wider economy. They are designed to optimize government operations and judicial efficiency. The Home Office will monitor the impact of these changes to ensure they achieve the desired improvements in handling deportation and associated appeals.

Why Now?

The amendments align with the UK’s obligations under international agreements following Brexit, ensuring that the appeals process respects the rights of EU citizens as agreed in the Withdrawal Agreement and related accords.

In summary, the new regulations are set to make the appeals process for EU citizens facing deportation more straightforward and efficient, focusing on reducing duplication and improving the use of resources within the UK immigration system.