39.—(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 M1 are amended in accordance with paragraphs (2) to (4).
(2) In rule 1 (citation, commencement, application and interpretation), omit the definition of “the 2006 Regulations”.
(3) In rule 16 (appeal treated as abandoned)—
(a)after paragraph (1)(b) insert “ or ”;
(b)omit paragraph (1)(d) (and the “or” before it);
(c)in paragraph (2) omit “or paragraph 4(2) of Schedule 2 to the 2006 Regulations”;
(d)in paragraph (3) omit “or was sent the document listed in paragraph 4(2) of Schedule 2 to the 2006 Regulations, as the case may be”.
(4) In rule 23 (response: entry clearance cases)—
(a)in paragraph (1), omit “or a refusal of an EEA family permit (which has the meaning given in regulation 2(1) of the 2006 Regulations)”;
(b)in paragraph (2), omit “or a refusal of an EEA family permit”.
(5) The amendments made by paragraphs (2) to (4) do not apply in relation to—
(a)any appeal which has been brought under the Immigration (European Economic Area) Regulations 2006 and has not been finally determined before commencement day;
(b)any appeal which has been brought under the Immigration (European Economic Area) Regulations 2016 (whether taken before or after commencement day), and has yet to be finally determined;
(c)any EEA decision under the Immigration (European Economic Area) Regulations 2016 (whether taken before or after commencement day), in respect of which an appeal has not been brought.
(6) For the purposes of paragraph (5)—
(a)references to the Immigration (European Economic Area) Regulations 2016 are to those Regulations as they continue to have effect by virtue of these Regulations, the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 or the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020;
(b)an appeal is not to be treated as finally determined while a further appeal may be brought, and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
Commencement Information
I1Reg. 39 not in force at made date, see reg. 1
I2Reg. 39 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)
Marginal Citations
M1S.I. 2014/2604, relevant amending instruments are S.I. 2020/61 and 651.