The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/61 |
| Year | 2020 |
(1) These Regulations may be cited as the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.(2) These Regulations come into force on exit day and paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 does not apply.(1) In these Regulations—A person may appeal against a decision made on or after exit day under section 76(1) or (2) of the 2002 Act
where the person applies for scheme entry clearance on or after exit day, to refuse their application, to cancel or revoke their scheme entry clearance, where they have scheme entry clearance, to refuse them leave to enter the United Kingdom under article 7(1) of the Immigration (Leave to Enter and Remain) Order 2000
to cancel or vary leave to enter the United Kingdom which they have by virtue of having arrived in the United Kingdom with scheme entry clearance. (1) A person to whom paragraph (2) applies may appeal against a decision, made on or after exit day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, oris in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act
- “the 1971 Act” means the Immigration Act 1971 ;
- “the 1997 Act” means the Special Immigration Appeals Commission Act 1997 ;
- “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 ;
- F49“the 1972 Order” means the Immigration (Control of Entry through Republic of Ireland) Order 1972;
- F39“the 2020 Regulations” means the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
- “appealable decision” means a decision which may be appealed against under these Regulations;
- “appellant” means a person who brings an appeal under these Regulations;
- F51“Appendix S2” means Appendix S2 Healthcare Visitor to the immigration rules;
- F40“frontier worker” has the meaning given in regulation 3 of the 2020 Regulations;
- “frontier worker permit” has the meaning given in regulation 2 of the 2020 Regulations;
- F50“healthcare entry clearance” means entry clearance granted by virtue of Appendix S2 for the purpose of acquiring leave to enter or remain in the United Kingdom by virtue of that Appendix ;
- “healthcare leave”, in relation to a person (“P”) , means leave to enter or remain in the United Kingdom granted to P by virtue of Appendix S2 ;
-
“person with a healthcare right of entry” means a person who has the right to enter the United Kingdom by virtue of—
- ((a) ) Article 32(1) (b) of the withdrawal agreement,
- ((b) ) Article 31(1) (b) of the EEA EFTA separation agreement, or
- ((c) ) Article 26a(1) (b) of the Swiss citizens' rights agreement;
- “relevant authority” means—
- (a) where the appeal under these Regulations lies to the Special Immigration Appeals Commission, the Commission;
- (b) otherwise, the Tribunal;
- “scheme entry clearance” means entry clearance granted by virtue of relevant entry clearance immigration rules ;
- “the Tribunal” means the First-tier Tribunal.
-
F41“valid identity document” means—
- ((a) ) a valid national identity card issued by an EEA state, or
- ((b) ) a valid passport issued by an EEA state.
To continue reading
Request your trial