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

Amendment of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 U.K.

6.—(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 M1 are amended as follows.

(2) In rule 1, after the definition of “the 2007 Act” insert—

““the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;”.

(3) In rule 16—

(a) after paragraph (1) insert—

“(1A) A party to an appeal under the 2020 Regulations must also notify the Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.”;

(b) in paragraph (2), after “2006 Regulations” insert “ or regulation 13(3) of the 2020 Regulations ”;

(c) in paragraph (3), after “the 2002 Act” insert “ or regulation 13(3) of the 2020 Regulations ”.

(4) In rule 19, after paragraph (3), insert—

“(3A) But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens' rights immigration decision. “A citizens' rights immigration decision” is a decision which can be appealed against under the 2020 Regulations.

(3B) The notice of appeal in relation to an appeal against a citizens' rights immigration decision must be received—

(a) if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision;

(b) if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision.

But this paragraph is subject to paragraph (3D).

(3C) Paragraph (3D) applies where—

(a) a person (“P”) applies for an administrative review of a citizens' rights immigration decision (“the original decision”) under the relevant rules, and

(b) P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision.

(3D) Where this paragraph applies, the notice of appeal against the original decision must be received—

(a) if P is in the United Kingdom, not later than 14 days after P is sent the notice of the decision on administrative review;

(b) if P is outside the United Kingdom, not later than 28 days after P receives the notice of the decision on administrative review.

(3E) In this rule, “the relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020).”.

Commencement Information

I1 Sch. 4 para. 6 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M1 S.I. 2014/2604, to which there are amendments not relevant to this instrument.