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Old 29.08.2019, 14:39
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Re: The Brexit referendum thread: potential consequences for GB, EU and the Brits in

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I spoke to a British friend last night who voted to leave. His main reason was that he felt very strongly about the fact that the European Courts/ECJ continuously over ruled the British Home Office when they wanted to deport foreign terrorists/criminals from the UK saying they have a right to a family life et al - even when that person had committed serious offences like murder. So for him it’s about enabling the UK to regain control of its own laws again and to have no further legal interference from Brussels. To him that was more important than any of the benefits of staying in the EU. I also believe he knew someone who was killed in the tube bombings in London so it’s a very personal response.
This is utter bollocks though.


We can deport criminals from the EU and have done so, in fact we deported over 5000 of them in 2017 alone. We can even decide for which offences people can be deported...


Here is the EU law on the topic (Citizens' Directive 2004):


There are only three situations in which deportation is allowed.
The first requires that alongside the public policy or public security reasons, deportation can only be allowed if adequate consideration of various factors are taken into account. These include how long the person has been living in the country, their age, health, family and financial situation, and how well they’ve integrated into society.


The second situation concerns permanent residents, those who have have lived in a member state for five years or more (you are not required to have documents proving this, though it is necessary for British citizenship applications).


For permanent residents, only serious grounds under public policy or public security will justify expulsion. What a “serious” ground is must be justified by the member states, but there is no guidance in the directive as to what constitutes “serious”. It must relate to a fundamental interest of society. These include preventing unlawful immigration, maintaining public order, preventing tax evasion, countering terrorism and preventing repeat criminal offences.


The third situation is for those who have been in a member state for the last ten years – or minors. In these cases, only imperative grounds of public policy or public security will be accepted. Again, “imperative” grounds are up to the member states to justify and the directive offers no definition. However, it is clear that they are stricter than “serious” grounds. Therefore, the longer you have been in a country, the more difficult it becomes to deport you. Case law has accepted being involved in a drug dealing organisation as an imperative ground of public security, but the general meaning of “imperative” remains unclear.
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