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.