35.—(1) The Appeals (Excluded Decisions) Order 2009 M1 is amended in accordance with paragraph (2).
(2) In article 3 (excluded decisions), in paragraph (m)—
(a)for “1981,” substitute “ 1981 or ”;
(b)omit “, or regulation 26 of the Immigration (European Economic Area) Regulations 2006”.
(3) The amendment made by paragraph (2) does not apply in relation to—
(a)any appeal which has been brought under the Immigration (European Economic Area) Regulations 2006 M2 and has not been finally determined before commencement day;
(b)any appeal which has been brought under the Immigration (European Economic Area) Regulations 2016 (whether before or after commencement day), and has yet to be finally determined;
(c)any EEA decision under the Immigration (European Economic Area) Regulations 2016 (whether taken before or after commencement day), in respect of which an appeal has not been brought.
(4) For the purposes of paragraph (3)—
(a)references to the Immigration (European Economic Area) Regulations 2016 are to those Regulations as they continue to have effect by virtue of these Regulations, the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 or the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020;
(b)an appeal is not to be treated as finally determined while a further appeal may be brought, and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
Commencement Information
I1Reg. 35 not in force at made date, see reg. 1
I2Reg. 35 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)
Marginal Citations
M1S.I. 2009/275, relevant amending instruments are S.I. 2010/41 and 2015/383.
M2S.I. 2006/1003. Revoked by S.I. 2016/1052 but see paragraph 3 of Schedule 4 in respect of savings for appeals.