F1SCHEDULE 2APPEALS TO THE FIRST-TIER TRIBUNAL

Regulation 36

1.

The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)—

section 84 (grounds of appeal)31, as though the sole permitted grounds of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);
section 85 (matters to be considered)32, as though—

(a)

the references to a statement under section 120 of the 2002 Act33 include, but are not limited to, a statement under that section as applied by paragraph 2; and

(b)

a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;

section 86 (determination of appeal)34;
section 10535 and any regulations made under that section; and
section 10636 and any rules made pursuant to that section.

2.

(1)

Section 92(3) of the 2002 Act37 has effect as though an additional basis upon which an appeal under section 82(1)(b) of that Act (human rights claim appeal) must be brought from outside the United Kingdom were that—

(a)

the claim to which that appeal relates arises from an EEA decision or the consequences of an EEA decision; and

(b)

the removal of that person from the United Kingdom has been certified under regulation 33 (human rights considerations and interim orders to suspend removal).

(2)

Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act38.

(3)

Where section 120 of the 2002 Act so applies, it has effect as though—

(a)

subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P;

(b)

subsection (5) also applies where P does not have a right to reside.

(4)

For the purposes of an appeal brought under section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s right under the EU Treaties in respect of entry into or residence in the United Kingdom.

3.

Tribunal Procedure Rules made under section 22 of the Tribunals, Courts and Enforcement Act 200739 have effect in relation to appeals under these Regulations.