[F12.—(1) Section 92(3) of the 2002 Act(1) has effect as though an additional basis upon which an appeal under section 82(1)(b) of that Act (human rights claim appeal) must be brought from outside the United Kingdom were that—
(a)the claim to which that appeal relates arises from an EEA decision or the consequences of an EEA decision; and
(b)the removal of that person from the United Kingdom has been certified under regulation 33 (human rights considerations and interim orders to suspend removal).
(2) Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act(2).
(3) Where section 120 of the 2002 Act so applies, it has effect as though—
(a)subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P;
(b)subsection (5) also applies where P does not have a right to reside.
(4) For the purposes of an appeal brought under section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s right under the EU Treaties in respect of entry into or residence in the United Kingdom.]
Textual Amendments
F1Regulations revoked (31.12.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(2) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings and modifications in: S.I. 2020/1209, regs. 3(1)(2), 4(1)-(3), 5-10 in relation to a relevant person for the purposes of final determination of applications during the grace period; S.I. 2020/1210, reg. 2, Sch. for the purpose of removing a person who is protected by the citizens’ rights provisions; S.I. 2020/1309, Sch. 3 paras. 1-6 in relation to deportation and exclusion orders, pending applications for documentation and existing appeal rights and appeals; and S.I. 2020/1309, Sch. 4 paras. 1, 2, 4 in relation to access to benefits and services for persons who are members of the post-transition period group)
Section 92(3) was amended by the 2014 Act, section 17.
Section 96(2) was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 30, and the 2014 Act, Schedule 9, paragraphs 30 and 41.