PART 6APPEALS UNDER THESE REGULATIONS

Appeal rightsC1 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.

F42A

If a person claims to be in a durable relationship with an EEA national he may not appeal under these Regulations unless he produces—

a

a passport; and

b

either—

i

an EEA family permit; or

ii

sufficient evidence to satisfy the Secretary of State that he is in a relationship with that EEA national.

F23

If a person F5 to whom paragraph (2) does not apply 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

F6... ... F6... a passport; and

b

either—

i

an EEA family permit;

F11ia

a qualifying EEA State residence card;

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.

F33A

If a person claims to be a person with a derivative right of F7 entry or 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 F10 a derivative right of entry or residence as a result of 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 F10 a derivative right of entry or residence as a result of regulation 15A(3), he is the child of an EEA national;

iii

where the person claims to have F10 a derivative right of entry or residence as a result of regulation 15A(4), he is a direct relative or guardian of the child of an EEA national;

iv

where the person claims to have F10a derivative right of entry or residence as a result of regulation 15A(5), he is under the age of 18 and is a dependant of a person satisfying the criteria in F8(i) or (iii);

F9v

where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.

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 F1First-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 F1First-tier Tribunal in accordance with that Schedule.

F128

For the avoidance of doubt, nothing in this Part prevents a person who enjoys a right of appeal under this regulation from appealing to the First-tier Tribunal under section 82(1) of the 2002 Act (right of appeal to the Tribunal), or, where relevant, to the Commission pursuant to section 2 of the Special Immigration Appeals Act 1997 (jurisdiction of the Commission: appeals), provided the criteria for bringing such an appeal under those Acts are met.