PART 6APPEALS UNDER THESE REGULATIONS

Appeal rights26

1

Subject to the following paragraphs of this regulation, a person may appeal under these Regulations against an EEA decision.

2

If a person claims to be an EEA national, he may not appeal under these Regulations unless he produces a valid national identity card or passport issued by an EEA State.

3

If a person claims to be the family member or relative of an EEA national he may not appeal under these Regulations unless he produces—

a

an EEA family permit; or

b

other proof that he is related as claimed to an EEA national.

4

A person may not bring an appeal under these Regulations on a ground certified under paragraph (5) or rely on such a ground in an appeal brought under these Regulations.

5

The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (4) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act M1.

6

Except where an appeal lies to the Commission, an appeal under these Regulations lies to the F1First-tier Tribunal.

7

The provisions of or made under the 2002 Act referred to in Schedule 1 shall have effect for the purposes of an appeal under these Regulations to the F1First-tier Tribunal in accordance with that Schedule.