The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023

New regulation 16A (other appealable decisions: certification of removal in cases of abuse of rights or fraud)

6.  After regulation 16 (other appealable decisions: certification of removal), insert—

“Other appealable decisions: certification of removal in cases of abuse of rights or fraud

16A.— (1) This regulation applies where a relevant appealable decision has been made in relation to a person (“P”) and that decision was taken by the Secretary of State, whether in whole or in part, because of abuse of rights or fraud.

(2) For the purposes of this regulation, abuse of rights or fraud includes:

(a) entering, attempting to enter, or assisting another person to enter or attempt to enter, a marriage, civil partnership or durable partnership of convenience, or

(b) fraudulently obtaining or attempting to obtain, or assisting another fraudulently to obtain or to attempt to obtain, entry clearance under relevant entry clearance immigration rules(1) or leave to enter or remain in the United Kingdom under residence scheme immigration rules(2).

(3) Where this regulation applies, the Secretary of State may certify that removal of P—

(a) to the country or territory to which P is proposed to be removed, and

(b) despite the appeals process in relation to the relevant appealable decision having not been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998(3).

(4) The grounds upon which a certificate may be given under paragraph (3) include (in particular) that P would not, before the appeals process in relation to the relevant appealable decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

(5) In this regulation, “relevant appealable decision” means an appealable decision other than a decision which has been certified under paragraph 1 or 2 of Schedule 1 as taken in the interests of national security.

(6) See sections 78 and 79 of the 2002 Act, as applied by Schedule 1 or 2 to these Regulations, for the consequences of certification under this regulation.”.

(1)

See section 17(2) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) for the meaning of “relevant entry clearance immigration rules”.

(2)

See section 17(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) for the meaning of “residence scheme immigration rules”.

(3)

1998 c. 42.