# The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, Regulation 6: Right of appeal against decisions to make a deportation order in respect of a person other than a person claiming to be a frontier worker or a person with a healthcare right of entry

Extent: E+W+S+N.I.

(1) A person to whom paragraph (2) applies may appeal against a decision, made on or after exit day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.
(1A) For the purposes of paragraph (1) only, a decision to make a deportation order means a decision to pursue deportation that is made after a person has been asked to make representations to the Secretary of State as to why they should not be deported.
(2) This paragraph applies to a person who—
(a) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, or
(b) is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act ) having arrived with scheme entry clearance.
(3) But paragraph (2) does not apply to a person if the decision to remove that person was taken—
(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove was taken before the revocation of the 2016 Regulations, or
(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.
(4) The references in paragraph (2) to a person who has leave to enter or remain include references to a person who would have had leave to enter or remain but for the making of a deportation order under section 5(1) of the 1971 Act.

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Source: https://www.legislation.gov.uk/uksi/2020/61/regulation/6 (the official version)
Page: https://openlegislation.uk/immigration-citizens-rights-appeals-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.