The Immigration (European Economic Area) Regulations 2006

• (c) the reference in subsection (2)(a) to section 79 were a reference to regulations 27(2) and (3) and 29 of these Regulations; and

• (d) in subsection (2A), for sub-paragraphs (a) and (b), “against an EEA decision” were substituted.

Effect of appeals to the First-tier Tribunal or Upper Tribunal

Alternative evidence of identity and nationality

Human rights considerations and interim orders to suspend removal

24AA

• (1) This regulation applies where the Secretary of State intends to give directions for the removal of a person (“P”) to whom regulation 24(3) applies, in circumstances where—

• (a) P has not appealed against the EEA decision to which regulation 24(3) applies, but would be entitled, and remains within time, to do so from within the United Kingdom (ignoring any possibility of an appeal out of time with permission); or

• (b) P has so appealed but the appeal has not been finally determined.

• (2) The Secretary of State may only give directions for P’s removal if the Secretary of State certifies that, despite the appeals process not having been begun or not having been finally determined, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of P’s appeal, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

• (3) The grounds upon which the Secretary of State may certify a removal under paragraph (2) include (in particular) that P would not, before the appeal is finally determined, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

• (4) If P applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the removal decision, P may not be removed from the United Kingdom until such time as the decision on the interim order has been taken, except—

• (a) where the expulsion decision is based on a previous judicial decision;

• (b) where P has had previous access to judicial review; or

• (c) where the removal decision is based on imperative grounds of public security.

• (5) In this regulation, “finally determined” has the same meaning as in Part 6.

Temporary admission in order to submit case in person

29AA

• (1) This regulation applies where—

• (a) a person (“P”) was removed from the United Kingdom pursuant to regulation 19(3)(b);

• (b) P has appealed against the decision referred to in sub-paragraph (a);

• (c) a date for P’s appeal has been set by the First Tier Tribunal or Upper Tribunal; and

• (d) P wants to make submissions before the First Tier Tribunal or Upper Tribunal in person.

• (2) P may apply to the Secretary of State for permission to be temporarily admitted (within the meaning of paragraphs 21 to 24 of Schedule 2 to the 1971 Act, as applied by this regulation) to the United Kingdom in order to make submissions in person.

• (3) The Secretary of State must grant P permission, except when P’s appearance may cause serious troubles to public policy or public security.

• (4) When determining when P is entitled to be given permission, and the duration of P’s temporary admission should permission be granted, the Secretary of State must have regard to the dates upon which P will be required to make submissions in person.

• (5) Where—

• (a) P is temporarily admitted to the United Kingdom pursuant to this regulation;

• (b) a hearing of P’s appeal has taken place; and

• (c) the appeal is not finally determined,

P may be removed from the United Kingdom pending the remaining stages of the redress procedure (but P may apply to return to the United Kingdom to make submissions in person during the remaining stages of the redress procedure in accordance with this regulation).

• (6) Where the Secretary of State grants P permission to be temporarily admitted to the United Kingdom under this regulation, upon such admission P is to be treated as if P were a person refused leave to enter under the 1971 Act for the purposes of paragraphs 8, 10, 10A, 11, 16 to 18 and 21 to 24 of Schedule 2 to the 1971 Act.

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

• (a) the reference in paragraph 8(1) to leave to enter were a reference to admission to the United Kingdom under these Regulations; and

• (b) the reference in paragraph 16(1) to detention pending a decision regarding leave to enter or remain in the United Kingdom were to detention pending submission of P’s case in person in accordance with this regulation.

• (8) P will be deemed not to have been admitted to the United Kingdom during any time during which P is temporarily admitted pursuant to this regulation.

Revocation of admission

23A

• (1) This regulation applies to a person admitted to the United Kingdom under regulation 11 in circumstances where, pursuant to regulation 19(1) (exclusion justified on grounds of public policy, public security or public health), (1A) (person subject to deportation order or exclusion order) or (1AB) (reasonable grounds to suspect that admission would lead to the abuse of a right to reside), that person was not entitled to be admitted.

• (2) Paragraph 6(2) of Schedule 2 to the 1971 Act (administrative provisions as to control on entry: refusal of leave to enter) applies to a person to whom this regulation applies, as though the references—

• (a) to that person’s examination under paragraph 2 of Schedule 2 to the 1971 Act were to that paragraph as applied by regulation 22(2)(a) and (c) of these Regulations;

• (b) to notices of leave to enter the United Kingdom were to a decision to admit that person to the United Kingdom under these Regulations;

• (c) to the cancellation of such a notice and the refusal of leave to enter were to revocation of the decision to admit that person to the United Kingdom under this regulation.

• (3) Where a person’s admission to the United Kingdom is revoked, that person is to be treated as a person to whom admission to the United Kingdom has been refused and regulation 23 applies accordingly.

Person subject to removal

Revocation of deportation and exclusion orders

Human rights considerations and interim orders to suspend removal

Regulation 9 (family members of British citizens)

Family members of British citizen