The Immigration (European Economic Area) Regulations 2006

Appeals under the 2002 Act and previous immigration Acts

4.—(1)  [F1 The following EEA decisions shall not be treated as immigration decisions for the purpose of section 82(2) of the 2002 Act (right of appeal against an immigration decision)—

(a) a decision that a person is to be removed under regulation 19(3)(a) [F2 or 19(3)(c)] by way of a direction under section 10(1)(a) of the 1999 Act (as provided for by regulation 24(2));

(b) a decision to remove a person under regulation 19(3)(b) by making a deportation order under section 5(1) of the 1971 Act (as provided for by regulation 24(3));

(c) a decision to remove a person mentioned in regulation 24(4) by way of directions under paragraphs 8 to 10 of Schedule 2 to the 1971 Act.]

(2) [F1 A person who has been issued with a registration certificate, residence card, [F3 derivative residence card,] a document certifying permanent residence or a permanent residence card under these Regulations [F4 (including a registration certificate under these Regulations as applied by regulation 7 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013)] or a registration certificate under the Accession (Immigration and Worker Registration) Regulations 2004, [F5 or an accession worker card under the Accession (Immigration and Worker Authorisation) Regulations 2006,] [F6 or a worker authorisation registration certificate under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013,] or a person whose passport has been stamped with a family member residence stamp, shall have no right of appeal under section 2 of the Special Immigration Appeals Commission Act 1997 or section 82(1) of the 2002 Act. Any existing appeal under those sections of those Acts or under the Asylum and Immigration Appeals Act 1993, the Asylum and Immigration Act 1996 or the 1999 Act shall be treated as abandoned.]

(3) [F1 Subject to paragraph (4), a person may appeal to the [F7 First-tier Tribunal] under section 83(2) of the 2002 Act against the rejection of his asylum claim where—

(a) that claim has been rejected, but

(b) he has a right to reside in the United Kingdom under these Regulations.]

(4) [F1 Paragraph (3) shall not apply if the person is an EEA national and the Secretary of State certifies that the asylum claim is clearly unfounded. ]

(5) [F1 The Secretary of State shall certify the claim under paragraph (4) unless satisfied that it is not clearly unfounded.]

(6) [F1 In addition to the national of a State which is a contracting party to the Agreement referred to in section 84(2) of the 2002 Act, a Swiss national shall also be treated as an EEA national for the purposes of section 84(1)(d) of that Act. ]

(7) [F1 An appeal under these Regulations against an EEA decision (including an appeal made on or after 1 ^st April 2003 which is treated as an appeal under these Regulations under Schedule 4 but not an appeal made before that date) shall be treated as an appeal under section 82(1) of the 2002 Act against an immigration decision for the purposes of section 96(1)(a) of the 2002 Act. ]

(8) [F8 Section 120 of the 2002 Act shall apply to a person if an EEA decision has been taken or may be taken in respect of him and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from that person under subsection (2) of that section and that notice shall have effect for the purpose of section 96(2) of the 2002 Act.]

[F8 (8)  Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act.

[F8 (9) Where section 120 of the 2002 Act so applies, it has effect as though—

(a) subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P; and

(c) subsection (5) also applies where P does not have a right to reside in the United Kingdom under these Regulations, or only has such a right to reside by virtue of regulation 15B of these Regulations (continuation of a right of residence).

(9) [F9 In sub-paragraph [F10 (2) ], “family member residence stamp ”means a stamp in the passport of a family member of an EEA national confirming that he is the family member of an accession State worker requiring registration [F11 or an accession State national subject to worker authorisation working in the United Kingdom ] with a right of residence under these Regulations as the family member of that worker; and in this sub-paragraph “accession State worker requiring registration” has the same meaning as in regulation 2 of the Accession (Immigration and Worker Registration) Regulations 2004 [F11 and “accession State national subject to worker authorisation” has the meaning given in regulation 2 of the Accession (Immigration and Worker Authorisation) Regulations 2006 ]. ]

(10)  For the purposes of an appeal brought pursuant to section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom. ]]

Textual Amendments

F1 Sch. 2 para. 4(1)-(7) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(a) (with reg. 6)

F2 Words in Sch. 2 para. 4(1)(a) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 25(b)

F3 Words in Sch. 2 para. 4(2) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 24(a) (with Sch. 3)

F4 Words in Sch. 2 para. 4(2) inserted (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460), reg. 1(1), Sch. para. 3(a) (with reg. 11(8))

F5 Words in Sch. 2 para. 4(2) inserted (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 1(1), Sch. 2 para. 2(2)(b)(i)

F6 Words in Sch. 2 para. 4(2) inserted (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460), reg. 1(1), Sch. para. 3(b) (with reg. 11(8))

F7 Words in Sch. 2 para. 4(3) 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. 27 (with Sch. 4 para. 1)

F8 Sch. 2 para. 4(8) substituted for (8) to (10) (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b) (with reg. 6)

F9 Sch. 2 para. 4(9) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(a) (with reg. 6)

F10 Word in Sch. 2 para. 4(9) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 24(b) (with Sch. 3)

F11 Words in Sch. 2 para. 4(9) inserted (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 1(1), Sch. 2 para. 2(2)(c)