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

1. Introductory Text

2. PART 1 General

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART 2 Appeals in respect of citizens' rights immigration decisions

   1. CHAPTER 1 Appeals: general

      1. Decisions other than those relating to frontier workers

         1. 3. Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rules

         2. 4. Right of appeal against decisions under section 76 of the 2002 Act to revoke indefinite leave to enter or remain by virtue of residence scheme immigration rules

         3. 5. Right of appeal against decisions made in connection with scheme entry clearance

         4. 6. Right of appeal against decisions to make a deportation order in respect of a person other than a person claiming to be a frontier worker or a person with a healthcare right of entry

      2. Decisions relating to frontier workers

         1. 6A. Right of appeal against decisions relating to issue, renewal or revocation of frontier worker permits

         2. 6B. Right of appeal against decisions to refuse frontier workers admission to the United Kingdom

         3. 6C. Right of appeal against decision to revoke admission to the United Kingdom

         4. 6D. Right of appeal against certain decisions to remove frontier workers from the United Kingdom

         5. 6E. Right of appeal against decisions to make deportation order in respect of frontier workers

         6. 6F. Alternative evidence of identity and nationality

      3. Decisions relating to persons with a healthcare right of entry

         1. 6G. Right of appeal against decisions relating to leave to enter or remain in the United Kingdom granted to or obtained by a person with a healthcare right of entry

         2. 6H. Right of appeal against decisions made in connection with healthcare entry clearance

         3. 6I. Right of appeal against decision to vary leave under article 5 of the 1972 Order

         4. 6J. Right of appeal against decisions to make a deportation order in respect of a person with a healthcare right of entry

         5. 7. Appeal to the Tribunal or the Special Immigration Appeals Commission

         6. 8. Grounds of appeal

         7. 9. Matters to be considered by the relevant authority

         8. 10. Determination of appeal

   2. CHAPTER 2 Appeals before the Tribunal: admission on bail and other procedural matters

      1. 11. Application of the 2002 Act to appeals to the Tribunal

      2. 12. Admission on bail to the United Kingdom to make submissions in person in connection with an appeal

   3. CHAPTER 3 Procedural matters and certification

      1. 13. Pending appeal

      2. 13A. Continuation of leave during specified appeals

      3. 14. Place from which an appeal may be brought or continued: general

      4. 15. National security decisions: place from which an appeal may be brought or continued, certification of removal etc.

      5. 16. Other appealable decisions: certification of removal

      6. 16A. Other appealable decisions: certification of removal in cases of abuse of rights or fraud

4. PART 3 Consequential amendments

   1. 17. Consequential amendments

5. Signature

6. 1. SCHEDULE 1

      Appeals to the Special Immigration Appeals Commission

      1. PART 1 Certification of appealable decisions on national security etc. grounds

         1. 1. Certification that decision was taken on national security etc. grounds

         2. 2. Certification that decision was taken on information which cannot be disclosed for reasons of national security etc.

         3. 3. Effect of certification: appeal pending before the Tribunal

      2. PART 2 Application of the 1997 Act to appeals to the Special Immigration Appeals Commission

         1. 4. Application of the 1997 Act to appeals under these Regulations

   2. SCHEDULE 2

      Application of the 2002 Act to appeals to the Tribunal

      1. 1. Application of provisions of the 2002 Act in connection with appeals to the Tribunal

      2. 2. General modifications

      3. 3. Specific modifications

   3. SCHEDULE 3

      Admission on bail to the United Kingdom to make submissions in person in connection with an appeal

      1. 1. Application for permission to be admitted on bail to the United Kingdom to make submissions in person

      2. 2. Application of enactments to person given permission under paragraph 1

   4. SCHEDULE 4

      Consequential amendments

      1. PART 1 Amendment of primary legislation

         1. 1. Amendment of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision)

         2. 2. Amendment of section 2C of the Special Immigration Appeals Commission Act 1997 (jurisdiction: review of certain exclusion decisions)

      2. PART 2 Amendment of subordinate legislation

         1. 3. Amendment of the Immigration (Notices) Regulations 2003

         2. 4. Amendment of the Special Immigration Appeals Commission (Procedure) Rules 2003

         3. 5. Amendment of the Tribunal Procedure (Upper Tribunal) Rules 2008

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

7. Explanatory Note