The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

PART 1 Amendment of primary legislation

Amendment of section 3C of the Immigration Act 1971 (continuation of leave pending variation decision)

1.  In section 3C of the 1971 Act(1), in subsection (2)—

(a) omit “or” at the end of paragraph (c);

(b) after that paragraph insert—

“(ca) an appeal could be brought under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”), while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission),

(cb) an appeal under the 2020 Regulations against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of those Regulations), or”.

Amendment of section 2C of the Special Immigration Appeals Commission Act 1997 (jurisdiction: review of certain exclusion decisions)

2.—(1) Section 2C of the 1997 Act(2) is amended as follows.

(2) In subsection (1), after “non-EEA national”, in both places where it appears, insert “or relevant person”.

(3) In subsection (2), after “non-EEA national” insert “or relevant person”.

(4) In subsection (5), after the definition of “non-EEA national”, insert—

““relevant person” has the same meaning as it has for the purposes of section 11(2)(f) and (g) of the European Union (Withdrawal Agreement) Act 2020 (see section 11(7) of that Act);”.

(1)

Section 3C was inserted by the Immigration and Asylum Act 1999, section 3, and substituted by the Nationality, Immigration and Asylum Act 2002, section 118. It was amended by the Immigration, Asylum and Nationality Act 2006, section 11, the Immigration Act 2014, Schedule 9, paragraph 21, and the Immigration Act 2016, section 62.

(2)

Section 2C was inserted by the Justice and Security Act 2013 (c. 18), section 15.