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Nationality, Immigration and Asylum Act 2002

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    Commentary on Sections

    Part 5: Immigration and Asylum Appeals

    General

    Section 109: European Union and European Economic Area

    269.This section allows the Secretary of State to make regulations that may provide for an appeal against an immigration decision taken in respect of a person who has, or who claims to have, a right under any of the Community Treaties. Subsection (2) states that these Regulations may apply this Act or the Special Immigration Appeals Commission Act 1997, with or without modification. Subsection (3) defines that an immigration decision for this section is one about a person's entitlement to enter, remain or one about a person’s removal from the United Kingdom.

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