Explanatory Notes

Immigration and Asylum Act 1999

1999 CHAPTER 33

11 November 1999

Commentary on Sections

Part IV: Appeals

Section 80: EEA nationals

226.Section 80 makes provision to make regulations giving rights of appeal which have been prescribed under EU law for EEA nationals, members of their family and certain non-EEA nationals who are members of a United Kingdom national’s family. There will also be additional categories of person who are entitled to similar rights under agreements to which the United Kingdom is a party or by which it is bound. The rights of appeal will cover decisions relating to admission, residence and the issue or withdrawal of residence permits. The regulations will govern various aspects of the appeals and may make provisions requiring an appellant to state additional grounds. Appeals against decisions under this section will be heard by the Immigration Appellate Authority or, where appropriate, by SIAC. A person claiming to be an EEA national must produce evidence of identity to benefit from the provisions of section 80 (subsection (12)).