The Immigration (European Economic Area) Regulations 2006

Regulation 26(7)

SCHEDULE 1 APPEALS TO THE [F1 FIRST-TIER TRIBUNAL]

Textual Amendments

F1 Words in Sch. 1 substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(b) (with Sch. 4 para. 1 )

[F2 1.]  The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the [F1 First-tier Tribunal] as if it were an appeal [F3 against an immigration decision under section 82(1) of that Act:

1

• section 84(1) , except paragraphs (a) and (f);

• sections 85 to 87;]

• [F3 against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)—

  section 84 (grounds of appeal), as though the sole permitted ground of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);

• section 85 (matters to be considered), as though—

  (i)

  the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 4 of Schedule 2 to these Regulations; and

  (ii)

  a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;

• section 86 (determination of appeal);]

• F4 ...;

• section 105 and any regulations made under that section; and

• section 106 and any rules made under that section M1 .

Textual Amendments

F2 Sch. 1 para. 1: Sch. 1 renumbered as Sch. 1 para. 1 (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(a) (with Sch. 4 para. 1 )

F3 Words in Sch. 1 para. 1 substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 15 (with reg. 6)

F4 Words in Sch. 1 omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(c) (with Sch. 4 para. 1 )

Marginal Citations

M1 Sections 85 to 87 and 105 to 106 are amended by, and sections 103A to 103E are inserted by, section 26 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (c. 19) .

[F5 2.   Tribunal Procedure Rules have effect in relation to appeals under these Regulations.]

Textual Amendments

F5 Sch. 1 para. 2 inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(d) (with Sch. 4 para. 1 )