Search Legislation

The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, CHAPTER 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CHAPTER 3U.K.Procedural matters and certification

Pending appealU.K.

13.—(1) An appeal under these Regulations is to be treated as pending during the period which—

(a)begins when the notice of appeal is given in accordance with the relevant rules, and

(b)ends when the appeal is finally determined, withdrawn or abandoned (or lapses under paragraph 3 of Schedule 1).

(2) An appeal is not finally determined for the purposes of paragraph (1)(b) while (as the case may be)—

(a)an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 M1 could be made or is awaiting determination,

(b)permission to appeal under either of those sections has been granted and the appeal is awaiting determination,

(c)an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination,

(d)any of the following applications could be made—

(i)an application for leave to appeal under section 7 of the applied 1997 Act;

(ii)an application for a certificate under section 7B of the applied 1997 Act;

(iii)an application for permission to appeal under section 7C of the applied 1997 Act M2, or

(e)leave to appeal under section 7, or permission to appeal under section 7C, of the applied 1997 Act has been granted and the appeal is awaiting determination.

(3) An appeal under [F1regulations 3 to 6] is to be treated as abandoned if the appellant (“A”) is granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.

(4) But paragraph (3) does not apply where—

(a)A is not granted indefinite leave to enter or remain in the United Kingdom, or A's indefinite leave to enter or remain in the United Kingdom is cancelled or revoked, and

(b)A gives notice, in accordance with the relevant rules, that A wishes to pursue the appeal insofar as it relates to a decision not to grant A, or to cancel or revoke A's, indefinite leave to enter or remain in the United Kingdom.

[F2(4A) An appeal under regulation 6A is to be treated as abandoned if the appellant is issued with a frontier worker permit.

(4B) An appeal under regulation 6B is to be treated as abandoned if the appellant is admitted to the United Kingdom under regulation 6 of the 2020 Regulations.]

[F3(4C) An appeal under regulations 6G to 6J is to be treated as abandoned if the appellant—

(a)is granted leave to enter or remain in the United Kingdom by virtue of Appendix S2, or

(b)obtains leave to enter the United Kingdom by passing through an automated gate in accordance with article 8B of the Immigration (Leave to Enter and Remain) Order 2000 as a person seeking to enter the United Kingdom as an S2 Healthcare Visitor under Appendix S2.

(4D) An appeal under regulation 6G(d) is also to be treated as abandoned if the appellant's leave to enter or remain in the United Kingdom granted by virtue of Appendix S2 is varied, however that variation may have effect, so that the appellant has leave to enter or remain under Appendix S2.

(4E) An appeal under regulation 6I or 6J is also to be treated as abandoned if the Secretary of State agrees that Article 5 of the 1972 Order applies to the appellant.]

(5) An appeal under these Regulations is not to be treated as abandoned solely because the appellant leaves the United Kingdom.

(6) In this regulation—

the applied 1997 Act” means the 1997 Act as it applies for the purposes of these Regulations by virtue of Part 2 of Schedule 1;

“the relevant rules”—

(a)

where the appeal is before the Tribunal, means Tribunal Procedure Rules M3;

(b)

where the appeal is before the Special Immigration Appeals Commission, means rules made under section 5 of the 1997 Act, insofar as they apply in relation to an appeal under these Regulations, or rules made under section 5 of the applied 1997 Act M4.

Textual Amendments

F1Words in reg. 13(3) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(7)(a)

F2Reg. 13(4A)(4B) inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(7)

F3Reg. 13(4C)-(4E) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(7)(b)

Commencement Information

I1Reg. 13 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M2Sections 7B and 7C of the 1997 Act were inserted by the Criminal Justice and Courts Act 2015 (c. 2), section 68.

M3See section 22 of the Tribunal, Courts and Enforcement Act 2007 (c. 15) for the meaning of “Tribunal Procedure Rules”. The relevant Tribunal Procedure Rules are currently the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604).

[F4Continuation of leave during specified appealsU.K.

13A.(1) This regulation applies where—

(a)a relevant appealable decision has been made in relation to a person (“P”),

(b)P has entered and is in the United Kingdom at the date of the relevant appealable decision, and

(c)the Secretary of State has not certified P’s removal under regulation 15(4), 16(3) or 16A(3).

(2) P’s leave to enter or remain is extended during any period when an appeal against the relevant appealable decision could be brought (ignoring the possibility of an appeal out of time with permission) or is pending.

(3) P may not make an application for variation of their leave to enter or remain in the United Kingdom while their leave is extended by this regulation.

(4) In this regulation, “relevant appealable decision” means an appealable decision as described in regulation 3(1)(a) or regulation 4.

(5) Leave extended by this regulation remains subject to Part IV of the Immigration (Leave to Enter and Remain) Order 2000.]

Place from which an appeal may be brought or continued: generalU.K.

14.—(1) A person may bring or continue an appeal under these Regulations—

(a)from within the United Kingdom, or

(b)from outside the United Kingdom.

(2) Nothing in this regulation entitles a person to enter the United Kingdom for the purposes of bringing or continuing an appeal.

(3) This regulation is subject to regulation 15.

Commencement Information

I2Reg. 14 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

National security decisions: place from which an appeal may be brought or continued, certification of removal etc.U.K.

15.—(1) This regulation applies where the Secretary of State certifies, under paragraph 1 or 2 of Schedule 1, that an appealable decision in relation to a person (“P”) was taken in the interests of national security. Such a decision is referred to in this regulation as a “national security decision”.

F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) P, while in the United Kingdom, may not bring or continue an appeal under these Regulations against the national security decision unless P has made a human rights claim while in the United Kingdom.

(4) Paragraph (3) does not allow P while in the United Kingdom to bring or continue an appeal under these Regulations if the Secretary of State certifies that removal of P—

(a)to the country or territory to which P is proposed to be removed, and

(b)despite the appeals process in relation to the national security decision not having been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998.

(5) The grounds upon which a certificate may be given under paragraph (4) include (in particular)—

(a)that P would not, before the appeals process in relation to the national security decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed;

(b)that the whole or part of any human rights claim made by P is clearly unfounded.

(6) If a certificate in respect of P is given under paragraph (4), P may not be removed from, or required to leave, the United Kingdom in accordance with a provision of the Immigration Acts M5 before the end of the relevant period except—

(a)in a duly substantiated case of urgency,

(b)where P is detained pursuant to the sentence or order of any court, or

(c)where P has entered the United Kingdom and are removable as an illegal entrant under Schedule 2 to the 1971 Act.

But those exceptions do not apply at any time when the removal of P is prohibited by a direction given under paragraph (10) by the Special Immigration Appeals Commission (“the Commission”).

(7) P may make an application to the Commission to set aside the certificate.

(8) If P makes an application under paragraph (7) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

(9) The Commission's determination of a review under paragraph (7) is final.

(10) Where P has made and not withdrawn an application under paragraph (7), the Commission may direct that P is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

(11) Sections 5 and 6 of the 1997 Act apply in relation to reviews under paragraph (7) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

(12) Any exercise of the power to make rules under section 5 of that Act in relation to reviews under paragraph (7) is to be made with a view to securing that proceedings on such reviews are handled expeditiously.

(13) For the purposes of this regulation—

human rights claim” has the meaning given in section 113(1) of the 2002 Act;

relevant period” means the period of one month beginning with the day on which P is notified of the decision to remove them.

Textual Amendments

Commencement Information

I3Reg. 15 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M5See the definition of “the Immigration Acts” in Schedule 1 to the Interpretation Act 1978 (c. 30).

Other appealable decisions: certification of removalU.K.

16.—(1) This regulation applies where—

(a)a relevant appealable decision has been made in relation to a person (“P”), and

(b)a decision has been made to make a deportation order under section 5(1) of the 1971 Act in respect of P (whether or not that decision is the relevant appealable decision and whether or not the order has been made).

(2) Where the deportation decision is not the relevant appealable decision mentioned in paragraph (1)(a), it does not matter for the purposes of paragraph (1)(b) whether the deportation decision is made before or after the relevant appealable decision.

(3) Where this regulation applies, the Secretary of State may certify that removal of P—

(a)to the country or territory to which P is proposed to be removed, and

(b)despite the appeals process in relation to the relevant appealable decision not having been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998.

(4) The grounds upon which a certificate may be given under paragraph (3) include (in particular) that P would not, before the appeals process in relation to the relevant appealable decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

(5) In this regulation, “relevant appealable decision” means an appealable decision other than a decision which has been certified under paragraph 1 or 2 of Schedule 1 as taken in the interests of national security.

(6) See sections 78 and 79 of the 2002 Act, as applied by Schedule 1 or 2 to these Regulations, for the consequences of certification under this regulation.

Commencement Information

I4Reg. 16 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

[F6Other appealable decisions: certification of removal in cases of abuse of rights or fraudU.K.

16A.(1) This regulation applies where a relevant appealable decision has been made in relation to a person (“P”) and that decision was taken by the Secretary of State, whether in whole or in part, because of abuse of rights or fraud.

(2) For the purposes of this regulation, abuse of rights or fraud includes:

(a)entering, attempting to enter, or assisting another person to enter or attempt to enter, a marriage, civil partnership or durable partnership of convenience, or

(b)fraudulently obtaining or attempting to obtain, or assisting another fraudulently to obtain or to attempt to obtain, entry clearance under relevant entry clearance immigration rules or leave to enter or remain in the United Kingdom under residence scheme immigration rules.

(3) Where this regulation applies, the Secretary of State may certify that removal of P—

(a)to the country or territory to which P is proposed to be removed, and

(b)despite the appeals process in relation to the relevant appealable decision having not been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998.

(4) The grounds upon which a certificate may be given under paragraph (3) include (in particular) that P would not, before the appeals process in relation to the relevant appealable decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

(5) In this regulation, “relevant appealable decision” means an appealable decision other than a decision which has been certified under paragraph 1 or 2 of Schedule 1 as taken in the interests of national security.

(6) See sections 78 and 79 of the 2002 Act, as applied by Schedule 1 or 2 to these Regulations, for the consequences of certification under this regulation.]

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources