After regulation 28, insert—

“National security: EEA Decisions28A.

(1)

Section 97A M1 of the 2002 Act applies to an appeal against an EEA decision where the Secretary of State has certified under regulation 28(2) or (4) that the EEA decision was taken in the interests of national security.

(2)

Where section 97A so applies, it has effect as if—

(a)

the references in that section to a deportation order were to an EEA decision;

(b)

subsections (1), (1A), (2)(b) and (4) were omitted;

(c)

the reference in subsection (2)(a) to section 79 were a reference to regulations 27(2) and (3) and 29 of these Regulations; and

(d)

in subsection (2A), for sub-paragraphs (a) and (b), “against an EEA decision” were substituted.”.