The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

Application of enactments to person given permission under paragraph 1

2.—(1) Where the Secretary of State gives an appellant (“A”) permission to be admitted on bail to the United Kingdom under paragraph 1—

(a) upon such admission, A is to be treated for the purposes of paragraphs 8, 10, 10A, 11 and 16 to 18A of Schedule 2 to the 1971 Act(1) as if they were a person refused leave to enter under that Act, and

(b) the provisions of Schedule 10 to the Immigration Act 2016 apply accordingly.

(2) Where Schedule 2 to the 1971 Act so applies, it has effect as if—

(a) the reference, in the opening words of sub-paragraph (1) of paragraph 8, to leave to enter were a reference to admission on bail pursuant to paragraph 1, and

(b) the reference in paragraph 16(1) to detention pending a decision regarding leave to enter were to detention pending submission of the appellant’s case in person in accordance with paragraph 1.

(3) A is deemed not to have been admitted to the United Kingdom during any time during which A is admitted on bail to the United Kingdom pursuant to this Schedule.

(4) For the purposes of this Schedule, a person is admitted on bail to the United Kingdom if they are admitted on bail under Schedule 10 to the Immigration Act 2016, as applied by this paragraph, without having otherwise been admitted, and the expression “admission on bail” is to be construed accordingly.

(1)

Paragraph 8 was amended by paragraph 9(1) of the Schedule to the Immigration Act 1988 (c. 14) and paragraph 4 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”); paragraph 10 was amended by paragraph 9(2) of the Schedule to the Immigration Act 1988; paragraph 10A was inserted by section 73(1) of the 2002 Act; paragraph 11 was amended by paragraph 1 of Schedule 9 to the Immigration Act 2014 (“the 2014 Act”); paragraph 16 was amended by section 140(1) of, and paragraph 60 of Schedule 14 to, the Immigration and Asylum Act 1999 (“the 1999 Act”), section 73(5) of the 2002 Act, section 42(3) of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), section 5(2) of the 2014 Act, section 60(10) of the Immigration Act 2016, and S.I. 1993/1813; paragraph 17 was amended by paragraph 1 of Schedule 4 to the Asylum and Immigration Act 1996 (c. 49), section 140(2) of the 1999 Act, and sections 63 and 64 of the 2002 Act; paragraph 18 was amended by paragraph 61 of Schedule 14 to the 1999 Act, sections 5(3), 9 and 13(3) of, and paragraph 1 of Schedule 1 and paragraph 1(4) of Schedule 2 to, the 2014 Act; paragraph 18A was inserted by paragraph 2(1) of Schedule 1 to the 2014 Act.