UKBA docs: Public policy refusals and PCC

[Directive/2004/38/EC]

UKBA has released two policy notices on Public policy refusals and one on Police Computer Checks: see source PDFs

I am not totally sure what to make of them. Below are a few excerpts, but more eyes might help!

Colleagues within the Criminal Casework Directorate (CCD) currently
use the powers under regulation 21 to make decisions to deport where
an EEA national or their family member have crossed the deportation
threshold. Cases are primarily referred to CCD by the police, prison
and court service and will be flagged on CID where CCD have an
interest. In cases where the deportation threshold is met CCD will then
go onto consider regulation 21(5) to ensure that the deportation is in
accordance with EU law.

Refusals on public policy grounds where a deportation order is
not in place continue to remain suspended until further guidance is
issued.

This seems to suggest that all refusals will only be done when a Deportation Order (DO) is in place, and that DOs are only done by the CCD.

Further to the recent commencement of PNC checks in European
casework, this Notice provides supplementary information regarding
the handling of PNC checks further to the Process Instructions Notice
of 14 March 2012.

What are Process Instructions Notices?

[Obie]

The UK has changed the law whereby someone will be refused on grounds of Public Policy, but because of the circumstance of the case, the person cannot be removed under regulation 19.

This is quite controversial. I am not surprised it is still suspended.

Essentially someone may be refused on Public policy, but refusal breaches their covention or fundemental rights.

The SOS will not remove them, but will refuse them, and live them without confirmation of their rights. How this will work, is difficult to tell.

[Directive/2004/38/EC]

The UK has changed the law whereby someone will be refused on grounds of Public Policy, but because of the circumstance of the case, the person cannot be removed under regulation 19.

Do you have a link to a more detailed description of this?

[Obie]

Have a look through the amended EEA regulation Sticky Topic and you will find everything there.