# The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020, Regulation 6: Treatment of refusal of immigration claim etc.


(1) A decision to refuse an immigration claim is to be treated as if it were a decision of the Secretary of State appealable under section 82(1) of the Nationality, Immigration and Asylum Act 2002.
(2) So far as the claim was based on representations concerning a breach of the United Kingdom’s obligations under the Human Rights Convention, the appeal is to be treated as an appeal under section 82(1)(b) of that Act.
(3) So far as the claim was based on representations concerning a breach of United Kingdom’s obligations under the Refugee Convention it is to be treated as an appeal under section 82(1)(a) of that Act.
(4) A decision under regulation 4(1) to give a direction for the enforcement of the effect of an immigration designation is to be treated as if it were a decision of the Secretary of State appealable under section 82(1) of the Nationality, Immigration and Asylum Act 2002.
(5) If a decision is treated as an appealable decision as a result of paragraph (1) or (4) and the person concerned was lawfully in the United Kingdom at the time of the immigration designation, that person may not be required to leave or be removed from the United Kingdom before the expiry of the period within which an appeal may be instituted (ignoring any possibility of an appeal out of time with permission).

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348208559/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-immigration-persons-designated-under-sanctions-regulations-eu-exit-regulations-2020/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.