The Immigration (European Economic Area) Regulations 2016

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)(1), 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)(2), as though—

(a)

the references to a statement under section 120 of the 2002 Act(3) include, but are not limited to, a statement under that section as applied by paragraph 2; and

(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)(4);

section 105(5) and any regulations made under that section; and

section 106(6) and any rules made pursuant to that section.

(1)

Section 84 was amended by the Immigration Act 2014 (“the 2014 Act”), section 15.

(2)

Section 85 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 26(7) and Schedule 2, paragraphs 16 and 18, and the 2014 Act, section 15 and Schedule 9, paragraphs 30 and 34.

(3)

Section 120 was amended by the 2014 Act, Schedule 9, paragraphs 30 and 55.

(4)

Section 86 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 26(7) and Schedule 2, paragraphs 16 and 18, and the 2014 Act, section 15 and Schedule 9, paragraphs 30 and 36.

(5)

Section 105 was amended by the 2014 Act, Schedule 9, paragraphs 30 and 48.

(6)

Section 106 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, section 26(7), Schedule 2, paragraphs 16 and 21,and Schedule 4, the 2014 Act, Schedule 9, paragraphs 30 and 49(b), and S.I. 2010/21, Schedule 1, paragraphs 20 and 27.