Despite not requiring leave to enter or remain in the UK, it is possible for an EEA national to be excluded or removed from the UK. The restrictions described below derive from the Treaty of Rome (Article 39(48)) (see also Council Directive 64/221) and are repeated in the Immigration (EEA) Regulations 2006 which provide for the exclusion or deportation from the UK of EEA nationals.Regulations 23to 27 provide that a person may be removed from the UK if:
- he is not or has ceased to be a qualified person (or the family member of a qualified person) under the regulations; or
- he is a qualified person (or the family member of a qualified person) but the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health or on the grounds of misuse of rights.
What issues may constitute public policy grounds?
The decision must be taken on the basis of the personal conduct of the individual concerned: previous criminal convictions do not in themselves justify a decision. Clearly a decision to exclude or deport is contrary to the principles of free movement and the person concerned must be informed of the grounds on which a decision is taken. Case law suggests that criminal conduct (either very serious or where there is a likelihood of re-offending) and conduct considered a threat to the interests of society / national security may give rise to such cases.