The Immigration (European Economic Area) Regulations 2006

Out of country appeals

This section has no associated Explanatory Memorandum

27.—(1) Subject to paragraphs (2) and (3), a person may not appeal under regulation 26 whilst he is in the United Kingdom against an EEA decision—

(a)to refuse to admit him to the United Kingdom;

(b)to refuse to revoke a deportation order made against him;

(c)to refuse to issue him with an EEA family permit; or

(d)to remove him from the United Kingdom after he has entered or sought to enter the United Kingdom in breach of a deportation order.

(2) Paragraph (1)(a) does not apply where—

(a)the person held an EEA family permit, a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card on his arrival in the United Kingdom or can otherwise prove that he is resident in the United Kingdom;

(b)the person is deemed not to have been admitted to the United Kingdom under regulation 22(3) but at the date on which notice of the decision to refuse to admit him is given he has been in the United Kingdom for at least 3 months;

(c)the person is in the United Kingdom and a ground of the appeal is that, in taking the decision, the decision maker acted in breach of his rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.

(3) Paragraph (1)(d) does not apply where a ground of the appeal is that, in taking the decision, the decision maker acted in breach of the appellant's rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.