The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

Amendment and saving of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011U.K.

This section has no associated Explanatory Memorandum

38.—(1) The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 M1 is amended in accordance with paragraph (2).

(2) In article 5 (exemption from fees), omit paragraph (1)(a)(ii).

(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 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 taken 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is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.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. 38 not in force at made date, see reg. 1

I2Reg. 38 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)

Marginal Citations

M1S.I. 2011/2841. Relevant amendments are made by S.I. 2016/928.