EEA nationals have special rights confined unto them under EU law. In particular, EEA
nationals have the right to freedom of movement. This means that all EEA nationals and
their respective family members are allowed to move and reside freely within the territory
of the Member State. However, these special rights can be stripped away by a Member
State, if they think that an EEA national pose a risk to public security and public policy.
Our client, a Polish national, entered the UK in 2006 in the hope of a better life. He worked
continuously, and in March 2015, our client acquired rights of permanent residence
and lived in the UK since. His parents and siblings have managed to settle in the UK. He also
met his partner in the UK, and a child was born in 2016. He is happily living in the UK until July 2018, where a deportation order was made against him.
The Secretary of State has sent a deportation order against him on serious grounds of public
He had a few driving offences when he was younger, which led him to spend time in prison.
He also had one offence for possession of an offensive weapon.
The Secretary of State concluded that our client represents a genuine, present and
sufficiently serious threat to the fundamental interests of society and that there is a risk of
repetition of that conduct.
This conclusion was made despite the client’s good character in his probation officer’s
report and completing a rehabilitation program.
The Secretary of State did not regard the fact that our client has already lived in the UK for
12 years, and also that he will be homeless if he returns to Poland.
Our lawyers in Sterling Law, helped our client appeal his deportation order in the Upper
Tribunal. We argued that our client has the right to a higher status of protection against
deportation under an EU Directive. We successfully nullified the Secretary of State’s
deportation order. Furthermore, this case now acts as a future benchmark to other
deportation cases against EEA nationals with a previous prison sentence.
If you received a deportation order from the Secretary of State, please contact our lawyers
in Sterling Law, to immediately help you with your case.
Tel. +44 (0) 207 822 8535
Or book a consultation here.