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

[F1 Right of appeal against decisions to make a deportation order in respect of a person with a healthcare right of entry U.K.

6J.— (1) A person to whom paragraph (2) applies may appeal against a decision, made on or after IP completion day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2) This paragraph applies to a person —

(a) who has healthcare leave,

(b) who is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act) having arrived with healthcare entry clearance, or

(c) to whom Article 5 of the 1972 Order applied on their entry to the United Kingdom.

(3) But paragraph (2) does not apply to a person if the decision to remove that person was taken—

(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove is taken before the 2016 Regulations are revoked, or

(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(4) The reference in paragraph (2) to a person who has healthcare leave includes reference to a person who would have such leave but for the making of a deportation order under section 5(1) of the 1971 Act.]

Textual Amendments

F1 Regs. 6G-6J and cross-heading inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(5)