C1C3C2F1SCHEDULE 2APPEALS TO THE FIRST-TIER TRIBUNAL

Annotations:
Amendments (Textual)
F1

Regulations 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)

Modifications etc. (not altering text)
C3

Sch. 2 continued (with modifications) (31.12.2020) by S.I. 2038/1309, reg. 1(2), Sch. 3 paras. 4-6

1

The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)—

  • section 84 (grounds of appeal)31, as though the sole permitted grounds of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);

  • section 85 (matters to be considered)32, as though—

    1. a

      the references to a statement under section 120 of the 2002 Act33 include, but are not limited to, a statement under that section as applied by paragraph 2; and

    2. b

      a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;

  • section 86 (determination of appeal)34;

  • section 10535 and any regulations made under that section; and

  • section 10636 and any rules made pursuant to that section.