Appeal rights
26.—(1) Subject to the following paragraphs of this regulation, a person may appeal under these Regulations against an EEA decision.
(2) If a person claims to be an EEA national, he may not appeal under these Regulations unless he produces a valid national identity card or passport issued by an EEA State.
[F1(3) If a person claims to be a family member who has retained the right of residence or the family member or relative of an EEA national he may not appeal under these Regulations unless he produces—
(a)a valid national identity card issued by an EEA State or a passport; and
(b)either—
(i)an EEA family permit;
(ii)proof that he is the family member or relative of an EEA national; or
(iii)in the case of a person claiming to be a family member who has retained the right of residence, proof that he was a family member of the relevant person.]
[F2(3A) If a person claims to be a person with a derivative right of residence he may not appeal under these Regulations unless he produces a valid national identity card issued by an EEA State or a passport, and either—
(a)an EEA family permit; or
(b)proof that—
(i)where the person claims to have a derivative right of residence under regulation 15A(2), he is a direct relative or guardian of an EEA national who is under the age of 18;
(ii)where the person claims to have a derivative right of residence under regulation 15A(3), he is the child of an EEA national;
(iii)where the person claims to have a derivative right of residence under regulation 15A(4), he is a direct relative or guardian of the child of an EEA national;
(iv)where the person claims to have a derivative right of residence under regulation 15A(5), he is under the age of 18 and is a dependant of a person satisfying the criteria in (i) or (iii).]
(4) A person may not bring an appeal under these Regulations on a ground certified under paragraph (5) or rely on such a ground in an appeal brought under these Regulations.
(5) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (4) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act M1.
(6) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the [F3First-tier Tribunal].
(7) The provisions of or made under the 2002 Act referred to in Schedule 1 shall have effect for the purposes of an appeal under these Regulations to the [F3First-tier Tribunal] in accordance with that Schedule.
Textual Amendments
F1Reg. 26(3) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 20(a) (with Sch. 3)
F2Reg. 26(3A) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 20(b) (with Sch. 3)
F3Words in reg. 26(6)(7) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 2 para. 23 (with Sch. 4 para. 1)
Marginal Citations
M1Section 82(1) is amended by section 26 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (c. 19).