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

Regulation 7(2) and (3)

SCHEDULE 1 U.K. Appeals to the Special Immigration Appeals Commission

PART 1 U.K. Certification of appealable decisions on national security etc. grounds

Certification that decision was taken on national security etc. grounds U.K.

1.—(1) The Secretary of State may certify an appealable decision under this paragraph if it was taken—

(a) by the Secretary of State wholly or partly on a ground listed in sub-paragraph (2), or

(b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in sub-paragraph (2).

(2) The grounds are that the person's exclusion or removal from the United Kingdom is—

(a) in the interests of national security, or

(b) in the interests of a relationship between the United Kingdom and another country.

(3) In this paragraph any reference to the Secretary of State is to the Secretary of State acting in person.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Certification that decision was taken on information which cannot be disclosed for reasons of national security etc. U.K.

2.—(1) The Secretary of State may certify an appealable decision under this paragraph if it was taken wholly or partly in reliance on information which the Secretary of State considers must not be made public—

(a) in the interests of national security,

(b) in the interests of a relationship between the United Kingdom and another country, or

(c) otherwise in the public interest.

(2) In this paragraph any reference to the Secretary of State is to the Secretary of State acting in person.

Commencement Information

I2 Sch. 1 para. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Effect of certification: appeal pending before the Tribunal U.K.

3.  Where a certificate is given under paragraph 1 or 2 in relation to a decision in respect of which an appeal is pending to the Tribunal, the appeal lapses.

Commencement Information

I3 Sch. 1 para. 3 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

PART 2 U.K. Application of the 1997 Act to appeals to the Special Immigration Appeals Commission

Application of the 1997 Act to appeals under these Regulations U.K.

4.—(1) The 1997 Act applies to an appeal to the Special Immigration Appeals Commission (“ the Commission”) under these Regulations as it applies to an appeal under section 2 of that Act (subject to the modifications specified in sub-paragraphs (2) and (3)).

(2) Any reference in the 1997 Act to an appeal under section 2 of that Act, however expressed, has effect as a reference to an appeal to the Commission under these Regulations.

(3) Section 2 M1 has effect as if—

(a) for subsection (2), there were substituted—

“(2) The following provisions of the Nationality, Immigration and Asylum Act 2002 apply in connection with an appeal to the Commission under the 2020 Regulations as they apply in connection with an appeal under section 82(1) of that Act, but subject to the modifications specified in subsection (2A)—

(a) section 72;

(b) sections 78 to 79 M2 ;

(c) section 105 and any regulations made under that section;

(d) sections 112 and 113;

(e) section 120 M3 .

In this section, “the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

(2A) The modifications mentioned in subsection (2) are—

(a) section 72 has effect as if—

(i) in subsection (9), for paragraph (a), there were substituted—

“(a) a person appeals to the Commission under the 2020 Regulations against a decision and makes a section 120 statement (within the meaning of regulation 9 of those Regulations) which relies wholly or partly on the ground of appeal mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and”;

(ii) in subsection (10), “Tribunal or” were omitted;

(b) section 78 has effect as if—

(i) in subsection (1), for “section 82(1)” there were substituted “ to the Commission under the 2020 Regulations ”;

(ii) after subsection (1), there were inserted—

“(1A) But subsection (1) does not apply in relation to a relevant appellant.

(1B) A person is a “relevant appellant” for the purposes of this section if—

(a) the person's removal is certified under regulation 16(3) [F1 or 16A(3)] of the 2020 Regulations, and

(b) the relevant appealable decision in respect of which the person's removal is certified in accordance with that provision is the decision in relation to which the appeal to the Commission under the 2020 Regulations is pending.

(1C) A relevant appellant may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts M4 before the end of the relevant period except—

(a) in a duly substantiated case of urgency,

(b) where they are detained pursuant to the sentence or order of any court, or

(c) where they have entered the United Kingdom and are removable as an illegal entrant under Schedule 2 to the Immigration Act 1971.

But those exceptions do not apply at any time when the removal of the appellant is prohibited under subsection (1F).

(1D) For the purposes of subsection (1C), “the relevant period” is the period of one month beginning with the day on which the relevant appellant is notified of the decision to remove them.

(1E) Subsection (1F) applies to a relevant appellant who applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the decision to remove them from the United Kingdom.

(1F) A relevant appellant to whom this subsection applies may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts until such time as the decision on the interim order has been taken unless—

(a) the decision to remove them is based on a previous judicial decision,

(b) they have had previous access to judicial review, or

(c) the decision to remove them is based on imperative grounds of public security.”;

(iii) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;

(iv) in subsection (4), for “section 92” there were substituted “ the 2020 Regulations ”;

(c) section 78A(3) has effect as if—

(i) in paragraph (a), for “section 82” there were substituted “ the 2020 Regulations ”;

(ii) in paragraph (b), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;

(d) section 79 has effect as if —

(i) in subsection (1), for the words from “section 82(1)” to “relating to” there were substituted “ the 2020 Regulations to the Commission against ”;

(ii) after subsection (1), there were inserted—

“(1A) But subsection (1) does not prevent the Secretary of State making a deportation order in respect of a person (“P”) if—

(a) the decision to make the deportation order in respect of P is certified under paragraph 1 or 2 of Schedule 1 to the 2020 Regulations as taken in the interests of national security, or

(b) P's removal is certified under paragraph (3) of regulation 16 of the 2020 Regulations, where the decision to make the deportation order in respect of P is the relevant appealable decision referred to in paragraph (1)(a) of that regulation in respect of which P's removal was certified.”;

(iii) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;

(e) section 105 has effect as if, in subsection (4), for the words from “means” to the end, there were substituted “ has the meaning given in regulation 2 of the 2020 Regulations ”;

(f) section 113 has effect as if, before the definition of “asylum claim”, there were inserted—

““the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;”;

(g) section 120 has effect as if at the end of the definition of “grounds” in subsection (6) there were inserted “ , or on which an appeal to the Commission under the 2020 Regulations may be brought (see regulation 8 of those Regulations) ”.”;

(b) subsections (3), (5) and (6) were omitted.

Textual Amendments

F1 Words in Sch. 1 para. 4(3)(a) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(1)

Commencement Information

I4 Sch. 1 para. 4 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M1 Section 2 was substituted by the Nationality, Immigration and Asylum Act 2002, Schedule 7, paragraph 20. It has been amended by the Immigration, Asylum and Nationality Act 2006 (c. 13), Schedule 1, paragraph 14, and Schedule 7, paragraph 20, the Immigration Act 2014 (c. 22) (“the 2014 Act”), Schedule 9, paragraph 2, and the Immigration Act 2016 (c. 19), section 64.

M2 Section 78A was inserted by the 2014 Act, section 2. Section 79 was amended by the UK Borders Act 2007 (c. 30), section 35(2), and the 2014 Act, Schedule 9, paragraph 32.

M3 Section 120 was substituted by the 2014 Act, Schedule 9, paragraph 55, and amended by the Immigration Act 2016, section 64.

M4 See the definition of “the Immigration Acts” in Schedule 1 to the Interpretation Act 1978 (c. 30).

Regulation 11

SCHEDULE 2 U.K. Application of the 2002 Act to appeals to the Tribunal

Application of provisions of the 2002 Act in connection with appeals to the Tribunal U.K.

1.  The following provisions of the 2002 Act apply in connection with an appeal to the Tribunal under these Regulations as they apply in connection with an appeal under section 82(1) of that Act (but subject to the general modifications specified in paragraph 2 and the specific modifications specified in paragraph 3)—

(a) section 72 M5 ;

(b) sections 78 to 79;

(c) section 105 and any regulations made under that section;

(d) section 106 and any rules made pursuant to that section M6 ;

(e) sections 107 and 108 M7 ;

(f) sections 112 and 113 M8 ;

(g) section 120.

Commencement Information

I5 Sch. 2 para. 1 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M5 Section 72 was amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (“the 2004 Act”), Schedule 2, paragraph 17, the UK Borders Act 2007, section 39, the Immigration Act 2014 (“the 2014 Act”), Schedule 9, paragraph 31, and S.I. 2010/21.

M6 Section 106 was amended by the 2004 Act, Schedule 2, paragraph 21, the 2014 Act, Schedule 9, paragraph 39, and S.I. 2010/21. Section 107 was amended by the 2004 Act, Schedule 2, paragraph 22, the Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the 2007 Act”) , Schedule 8, paragraph 54, the 2014 Act, Schedule 9, paragraph 50, and S.I. 2010/21. Section 108 was amended by the 2004 Act, Schedule 2, paragraph 23, and the 2014 Act, Schedule 9, paragraph 54.

M7 Section 107 was amended by the 2004 Act, section 47 and Schedule 2, paragraph 22, the 2007 Act, Schedule 8, paragraph 54, the 2014 Act, Schedule 9, paragraph 50, and S.I. 2010/21. Section 108 was amended by the 2004 Act, Schedule 2, paragraph 23, and the 2014 Act, Schedule 9, paragraph 51.

M8 Section 112 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 29 and Schedule 2, paragraph 24, the Immigration, Asylum and Nationality Act 2006 (c. 13) (“the 2006 Act”), section 7, the Immigration Act 2014 (“the 2014 Act”), Schedule 9, paragraph 52 and by S.I. 2010/21. Section 113 was amended by the 2006 Act, section 12, and the 2014 Act, Schedule 9, paragraph 53.

General modifications U.K.

2.—(1) The provisions mentioned in paragraph 1 have effect as if—

(a) references to “this Act”, or provisions of the 2002 Act, were references to the Act, or provisions of it, as applied by this Schedule;

(b) references to an appeal under section 82 or section 82(1), however expressed, were references to an appeal to the Tribunal under these Regulations;

(c) references to proceedings under section 82 were references to proceedings before the Tribunal under these Regulations.

(2) But—

(a) sub-paragraph (1)(a) does not apply to the reference to section 84 of the 2002 Act inserted by paragraph 3(2) of this Schedule;

(b) sub-paragraph (1) is also subject to the specific modifications made in paragraph 3.

Commencement Information

I6 Sch. 2 para. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Specific modifications U.K.

3.—(1) The specific modifications to the provisions of the 2002 Act are as follows.

(2) Section 72 has effect as if—

(a) in subsection (9), for paragraph (a), there were substituted—

“(a) a person appeals to the First-tier Tribunal under the 2020 Regulations against a decision and makes a section 120 statement (within the meaning of regulation 9 of those Regulations) which relies wholly or partly on the ground of appeal mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and”;

(b) in subsection (10), “or Commission” were omitted.

(3) Section 78 has effect as if—

(a) in subsection (1), for “appeal under section 82(1)” there were substituted “ appeal to the First-tier Tribunal (“the Tribunal”) under the 2020 Regulations ”;

(b) after subsection (1), there were inserted—

“(1A) But subsection (1) does not apply in relation to a relevant appellant.

(1B) A person is a “relevant appellant” for the purposes of this section if—

(a) the person's removal is certified under regulation 16(3) [F2 or 16A(3)] of the 2020 Regulations, and

(b) the relevant appealable decision in respect of which the person's removal is certified in accordance with that provision is the decision in relation to which the appeal to the Tribunal under the 2020 Regulations is pending.

(1C) A relevant appellant may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts before the end of the relevant period except—

(a) in a duly substantiated case of urgency,

(b) where they are detained pursuant to the sentence or order of any court, or

(c) where they have entered the United Kingdom and are removable as an illegal entrant under Schedule 2 to the Immigration Act 1971.

But those exceptions do not apply at any time when the removal of the appellant is prohibited under subsection (1F).

(1D) For the purposes of subsection (1C), “the relevant period” is the period of one month beginning with the day on which the relevant appellant is notified of the decision to remove them.

(1E) Subsection (1F) applies to a relevant appellant who applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the decision to remove them from the United Kingdom.

(1F) A relevant appellant to whom this subsection applies may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts until such time as the decision on the interim order has been taken unless—

(a) the decision to remove them is based on a previous judicial decision,

(b) they have had previous access to judicial review, or

(c) the decision to remove them is based on imperative grounds of public security.”;

(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”;

(d) in subsection (4), for “section 92” there were substituted “ the 2020 Regulations ”;

(e) after subsection (4), there were inserted—

“(5) Nothing in this section prevents the removal from the United Kingdom of a person who is admitted to the United Kingdom on bail pursuant to Schedule 3 to the 2020 Regulations.”.

(4) Section 78A(3)(b) has effect as if for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.

(5) Section 79 has effect as if—

(a) in subsection (1), for the words from “section 82(1)” to “relating to” there were substituted “ the 2020 Regulations to the First-tier Tribunal against ”;

(b) after subsection (1), there were inserted—

“(1A) But subsection (1) does not prevent the Secretary of State making a deportation order in respect of a person (“P”) if—

(a) P's removal is certified under regulation 16(3) of the 2020 Regulations, and

(b) the decision to make the deportation order in respect of P is the relevant appealable decision in respect of which P's removal was certified under that provision.”;

(c) in subsection (2), for “section 104” there were substituted “ regulation 13 of the 2020 Regulations ”.

(6) Section 105 has effect as if, in subsection (4), for the words from “means” to the end there were substituted “ has the meaning given in regulation 2 of the 2020 Regulations ”.

(7) Section 106 has effect as if, in subsections (3) and (4), “or by virtue of section 109” were omitted.

(8) Section 107(3) has effect as if “or by virtue of section 109” were omitted.

(9) Section 113 has effect as if, before the definition of “asylum claim”, there were inserted—

““the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;”.

(10) Section 120(6) has effect as if at the end of the definition of “grounds” in subsection (6) there were inserted “ , or on which an appeal to the Tribunal under the 2020 Regulations may be brought (see regulation 8 of those Regulations) ”.

Textual Amendments

F2 Words in Sch. 2 para. 3(3)(b) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(2)

Commencement Information

I7 Sch. 2 para. 3 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Regulation 12

SCHEDULE 3 U.K. Admission on bail to the United Kingdom to make submissions in person in connection with an appeal

Application for permission to be admitted on bail to the United Kingdom to make submissions in person U.K.

1.—(1) An appellant (“A”) may apply to the Secretary of State for permission to be admitted on bail to the United Kingdom in order to make submissions in person at a hearing if the conditions in sub-paragraph (2) are satisfied.

(2) The conditions are—

(a) that the Secretary of State has certified A's removal from the United Kingdom under regulation 16(3) [F3 or 16A(3)],

(b) the hearing forms part of the proceedings on, or in connection with, an appeal to the Tribunal against the appealable decision in respect of which A's removal was certified under regulation 16(3) [F4 or 16A(3)],

(c) a date for the hearing has been set by the Tribunal, the Upper Tribunal or the court (as the case may be) before which the hearing is to take place, and

(d) A is outside the United Kingdom.

(3) The Secretary of State must give such permission to A unless A's appearance may cause serious troubles to public policy or public security.

(4) The Secretary of State must have regard to the dates on which A will be required to make submissions in person when determining—

(a) when A is entitled to be given permission, and

(b) the duration of A's admission on bail, should permission be given.

(5) Nothing in this paragraph affects any power of the Secretary of State to remove A from the United Kingdom while A's appeal is pending if—

(a) A is admitted on bail to the United Kingdom under this paragraph, and

(b) the relevant hearing has taken place.

(6) If A is removed from the United Kingdom while A's appeal is pending, A is not prevented from applying for admission to the United Kingdom on bail in order to make submissions in person at any subsequent hearing in accordance with this paragraph.

Textual Amendments

F3 Words in Sch. 3 para. 1(2)(a) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

F4 Words in Sch. 3 para. 1(2)(b) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

Commencement Information

I8 Sch. 3 para. 1 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Application of enactments to person given permission under paragraph 1 U.K.

2.—(1) Where the Secretary of State gives an appellant (“A”) permission to be admitted on bail to the United Kingdom under paragraph 1—

(a) upon such admission, A is to be treated for the purposes of paragraphs 8, 10, 10A, 11 and 16 to 18A of Schedule 2 to the 1971 Act M9 as if they were a person refused leave to enter under that Act, and

(b) the provisions of Schedule 10 to the Immigration Act 2016 apply accordingly.

(2) Where Schedule 2 to the 1971 Act so applies, it has effect as if—

(a) the reference, in the opening words of sub-paragraph (1) of paragraph 8, to leave to enter were a reference to admission on bail pursuant to paragraph 1, and

(b) the reference in paragraph 16(1) to detention pending a decision regarding leave to enter were to detention pending submission of the appellant's case in person in accordance with paragraph 1.

(3) A is deemed not to have been admitted to the United Kingdom during any time during which A is admitted on bail to the United Kingdom pursuant to this Schedule.

(4) For the purposes of this Schedule, a person is admitted on bail to the United Kingdom if they are admitted on bail under Schedule 10 to the Immigration Act 2016, as applied by this paragraph, without having otherwise been admitted, and the expression “admission on bail” is to be construed accordingly.

Commencement Information

I9 Sch. 3 para. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M9 Paragraph 8 was amended by paragraph 9(1) of the Schedule to the Immigration Act 1988 (c. 14) and paragraph 4 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”); paragraph 10 was amended by paragraph 9(2) of the Schedule to the Immigration Act 1988; paragraph 10A was inserted by section 73(1) of the 2002 Act; paragraph 11 was amended by paragraph 1 of Schedule 9 to the Immigration Act 2014 (“the 2014 Act”); paragraph 16 was amended by section 140(1) of, and paragraph 60 of Schedule 14 to, the Immigration and Asylum Act 1999 (“the 1999 Act”), section 73(5) of the 2002 Act, section 42(3) of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”), section 5(2) of the 2014 Act, section 60(10) of the Immigration Act 2016, and S.I. 1993/1813; paragraph 17 was amended by paragraph 1 of Schedule 4 to the Asylum and Immigration Act 1996 (c. 49), section 140(2) of the 1999 Act, and sections 63 and 64 of the 2002 Act; paragraph 18 was amended by paragraph 61 of Schedule 14 to the 1999 Act, sections 5(3), 9 and 13(3) of, and paragraph 1 of Schedule 1 and paragraph 1(4) of Schedule 2 to, the 2014 Act; paragraph 18A was inserted by paragraph 2(1) of Schedule 1 to the 2014 Act.

Regulation 17

SCHEDULE 4 U.K. Consequential amendments

PART 1 U.K. Amendment of primary legislation

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

1.  In section 3C of the 1971 Act M10 , 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”.

Commencement Information

I10 Sch. 4 para. 1 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M10 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.

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

2.—(1) Section 2C of the 1997 Act M11 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);”.

Commencement Information

I11 Sch. 4 para. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M11 Section 2C was inserted by the Justice and Security Act 2013 (c. 18), section 15.

PART 2 U.K. Amendment of subordinate legislation

Amendment of the Immigration (Notices) Regulations 2003 U.K.

3.—(1) The Immigration (Notices) Regulations 2003 M12 are amended as follows.

(2) In regulation 2, after the definition of “the 2002 Act” insert—

““citizens' rights immigration decision” means a decision which can be appealed against under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.”

(3) In regulation 4, in paragraph (1), for “or any EEA decision” substitute “, any EEA decision or any citizens' rights immigration decision”.

Commencement Information

I12 Sch. 4 para. 3 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M12 S.I. 2003/658, as amended by S.I. 2006/2168 and 2014/2768. There are other amending instruments but none is relevant.

Amendment of the Special Immigration Appeals Commission (Procedure) Rules 2003 U.K.

4.—(1) The Special Immigration Appeals Commission (Procedure) Rules 2003 M13 are amended as follows.

(2) In rule 2, after the definition of “the 2016 Act”M14 , insert—

““the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;”.

(3) In rule 6 M15 —

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

(b) after that paragraph, insert—

“(aa) appeals to the Commission under regulation 7 of the 2020 Regulations; and”

(4) In rule 7 M16 , in paragraph (1), after “the 2002 Act”, insert “ or regulation 7 of the 2020 Regulations ”.

(5) In rule 8 M17 —

(a) in paragraph (1), for “or section 97A(3) of the 2002 Act” substitute “ , section 97A(3) of the 2002 Act or regulation 7 of the 2020 Regulations ”;

(b) in paragraph (2), in sub-paragraph (b), after “Act”, insert “ or regulation 15 of the 2020 Regulations ”;

(c) after paragraph (4A), insert—

“(4B) Paragraph (4C) applies where—

(a) an appellant (“A”) applies for an administrative review of an appealable decision (“the original decision”) under the relevant rules, and

(b) A had not, before A receives notice of the decision on administrative review, given a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision.

(4C) Where this paragraph applies, A must give a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision—

(a) if A is in detention under the Immigration Acts, not later than 5 days after A receives the notice of the decision on administrative review;

(b) otherwise—

(i) if A is in the United Kingdom, not later than 10 days after A receives the notice of the decision on administrative review, or

(ii) if A is outside the United Kingdom, subject to paragraph (4D), not later than 28 days after A receives the notice of the decision on administrative review.

(4D) Where A—

(a) is in the United Kingdom when A receives the notice of the decision on administrative review, and

(b) may not appeal against the original decision while in the United Kingdom by reason of regulation 15 of the 2020 Regulations,

a notice of appeal against the original decision must be given not later than 28 days after A's departure from the United Kingdom.

(4E) In this rule—

“appealable decision” has the meaning given in regulation 2 of the 2020 Regulations;

“relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020).”.

(6) In rule 12 M18 —

(a) the existing paragraph is renumbered as paragraph (1) of that rule;

(b) in paragraph (1) (as renumbered), in sub-paragraph (a)(i), after “the 2002 Act” insert “ or regulation 13(3) of the 2020 Regulations ”;

(c) after that paragraph, insert—

“(2) A party to an appeal under the 2020 Regulations must notify the Commission if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.

(3) Where an appeal would otherwise be treated as abandoned under regulation 13(3) of the 2020 Regulations but the appellant wishes to pursue their appeal, the appellant must provide a notice to the Commission and to each other party within the relevant period.

(4) For the purposes of paragraph (3), “the relevant period” is the period of 28 days beginning with the day on which the appellant was sent notice of the grant of leave to enter or remain in the United Kingdom.”.

Commencement Information

I13 Sch. 4 para. 4 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M13 S.I. 2003/1034.

M14 The definition of “the 2016 Act” was inserted by S.I. 2018/736.

M15 Rule 6 was substituted by S.I. 2013/2995. It was amended by S.I. 2015/867.

M16 Rule 7 was amended by S.I. 2007/1285. There are other amending instruments but none is relevant.

M17 Rule 8 was amended by S.I. 2007/1285 and 2013/2995.

M18 Rule 12 has been amended by S.I. 2007/1285, 2013/2995 and 2015/867.

Amendment of the Tribunal Procedure (Upper Tribunal) Rules 2008 U.K.

5.—(1) The Tribunal Procedure (Upper Tribunal) Rules 2008 M19 are amended as follows.

(2) In rule 1, in paragraph (3), in the definition of “immigration case”—

(a) omit “or” before “regulation 26”,

(b) after “asylum case” insert “, or the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020”.

(3) In rule 17A—

(a) after paragraph (1) insert—

“(1A) A party to an appeal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”) before the Upper Tribunal must also notify the Upper Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13(3) of those Regulations.”;

(b) in paragraph (2), after “Regulations 2006” insert “ or regulation 13(3) of the 2020 Regulations ”;

(c) in paragraph (3), after “Act 2002”, insert “ or regulation 13(3) of the 2020 Regulations ”.

Commencement Information

I14 Sch. 4 para. 5 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M19 S.I. 2008/2698, as amended by S.I. 2010/44 and 2013/2067. There are other amending instruments but none is relevant.

Amendment of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 U.K.

6.—(1) The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 M20 are amended as follows.

(2) In rule 1, after the definition of “the 2007 Act” insert—

““the 2020 Regulations” means the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020;”.

(3) In rule 16—

(a) after paragraph (1) insert—

“(1A) A party to an appeal under the 2020 Regulations must also notify the Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.”;

(b) in paragraph (2), after “2006 Regulations” insert “ or regulation 13(3) of the 2020 Regulations ”;

(c) in paragraph (3), after “the 2002 Act” insert “ or regulation 13(3) of the 2020 Regulations ”.

(4) In rule 19, after paragraph (3), insert—

“(3A) But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens' rights immigration decision. “A citizens' rights immigration decision” is a decision which can be appealed against under the 2020 Regulations.

(3B) The notice of appeal in relation to an appeal against a citizens' rights immigration decision must be received—

(a) if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision;

(b) if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision.

But this paragraph is subject to paragraph (3D).

(3C) Paragraph (3D) applies where—

(a) a person (“P”) applies for an administrative review of a citizens' rights immigration decision (“the original decision”) under the relevant rules, and

(b) P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision.

(3D) Where this paragraph applies, the notice of appeal against the original decision must be received—

(a) if P is in the United Kingdom, not later than 14 days after P is sent the notice of the decision on administrative review;

(b) if P is outside the United Kingdom, not later than 28 days after P receives the notice of the decision on administrative review.

(3E) In this rule, “the relevant rules” means residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020).”.

Commencement Information

I15 Sch. 4 para. 6 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M20 S.I. 2014/2604, to which there are amendments not relevant to this instrument.