- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Immigration (European Economic Area) Regulations 2006, Section 28.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
28.—(1) An appeal against an EEA decision lies to the Commission where paragraph (2) or (4) applies.
(2) This paragraph applies if the Secretary of State certifies that the EEA decision was taken—
(a)by the Secretary of State wholly or partly on a ground listed in paragraph (3); or
(b)in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in paragraph (3).
(3) The grounds mentioned in paragraph (2) are that the person's exclusion or removal from the United Kingdom is—
(a)in the interests of national security; or
(b)in the interests of the relationship between the United Kingdom and another country.
(4) This paragraph applies if the Secretary of State certifies that the EEA decision was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a)in the interests of national security;
(b)in the interests of the relationship between the United Kingdom and another country; or
(c)otherwise in the public interest.
(5) In paragraphs (2) and (4) a reference to the Secretary of State is to the Secretary of State acting in person.
(6) Where a certificate is issued under paragraph (2) or (4) in respect of a pending appeal to the [F1First-tier Tribunal or Upper Tribunal] the appeal shall lapse.
(7) An appeal against an EEA decision lies to the Commission where an appeal lapses by virtue of paragraph (6).
(8) The Special Immigration Appeals Commission Act 1997 shall apply to an appeal to the Commission under these Regulations as it applies to an appeal under section 2 of that Act to which subsection (2) of that section applies (appeals against an immigration decision) but paragraph (i) of that subsection shall not apply in relation to such an appeal.
Textual Amendments
F1 Words in reg. 28(6) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 24 (with Sch. 4 para. 1 )
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: