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.
F23
If a person claims to be a family member who has retained the right of residence or the family member or relative of an EEA national he may not appeal under these Regulations unless he produces—
a
a valid national identity card issued by an EEA State or a passport; and
b
either—
i
an EEA family permit;
ii
proof that he is the family member or relative of an EEA national; or
iii
in the case of a person claiming to be a family member who has retained the right of residence, proof that he was a family member of the relevant person.
F33A
If a person claims to be a person with a derivative right of residence he may not appeal under these Regulations unless he produces a valid national identity card issued by an EEA State or a passport, and either—
a
an EEA family permit; or
b
proof that—
i
where the person claims to have a derivative right of residence under regulation 15A(2), he is a direct relative or guardian of an EEA national who is under the age of 18;
ii
where the person claims to have a derivative right of residence under regulation 15A(3), he is the child of an EEA national;
iii
where the person claims to have a derivative right of residence under regulation 15A(4), he is a direct relative or guardian of the child of an EEA national;
iv
where the person claims to have a derivative right of residence under regulation 15A(5), he is under the age of 18 and is a dependant of a person satisfying the criteria in (i) or (iii).
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.