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The Immigration (European Economic Area) Regulations 2006

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Out of country appeals

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27.—(1)  Subject to paragraphs (2) and (3), a person may not appeal under regulation 26 whilst he is in the United Kingdom against an EEA decision—

(a)to refuse to admit him to the United Kingdom;

[F1(zaa)to revoke his admission to the United Kingdom;]

[F2(aa)to make an exclusion order against him;]

(b)to refuse to revoke a deportation [F3or exclusion] order made against him;

(c) to refuse to issue him with an EEA family permit;

[F4(ca)to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the relevant person is outside the United Kingdom; or]

[F5(d)to remove him from the United Kingdom after he has entered the United Kingdom in breach of a deportation or exclusion order [F6, or in circumstances where that person was not entitled to be admitted pursuant to regulation 19(1) or (1AB)].]

(2) [F7[F8Paragraphs [F9(1)(a) to (aa)] do not apply where the person is in the United Kingdom and]]

(a) the person held [F10 a valid EEA family permit, registration certificate, residence card, [F11 derivative residence card, ] document certifying permanent residence [F12, permanent residence card or qualifying EEA State residence card.]] on his arrival in the United Kingdom or can otherwise prove that he is resident in the United Kingdom [F13or];

(b)the person is deemed not to have been admitted to the United Kingdom under regulation 22(3) but at the date on which notice of the decision to refuse to admit him is given he has been in the United Kingdom for at least 3 months [F14. ][F15or]

[F16(c)has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.]

[F17(3) [F7Paragraph (1)(d) does not apply where the person has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.]]

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