Paragraph 5 Existing appeal rights and appealsI1I2
United Kingdom
Subject to sub-paragraph (4), the provisions of the EEA Regulations 2016 specified in paragraph 6 continue to apply—
to any appeal which has been brought under the Immigration (European Economic Area) Regulations 2006 and has not been finally determined before commencement day,
to any appeal which has been brought under the EEA Regulations 2016 and has not been finally determined before commencement day,
in respect of an EEA decision, within the meaning of the EEA Regulations 2016, taken before commencement day, or
in respect of an EEA decision, within the meaning of the EEA Regulations 2016 as they continue in effect by virtue of these Regulations or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020, which is taken on or after commencement day.
For the purposes of paragraph (1)—
an appeal is not to be treated as finally determined while a further appeal may be brought and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned; and
an appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
The revocation of the EEA Regulations 2016 does not affect the application of the Immigration (European Economic Area) Regulations 2006 to an appeal that falls within paragraph 3(1) of Schedule 4 to the EEA Regulations 2016.
The provisions specified in paragraph 6 do not apply to the extent that the provisions of the EEA Regulations 2016 specified in paragraph 6 continue to apply to an appeal or EEA decision by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.
Annotations
Commencement
- I1
Sch. 3 para. 5 not in force at made date, see reg. 1
- I2
Sch. 3 para. 5 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)