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 entryF3F4I1
United Kingdom
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.
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.
This paragraph applies to a person who—
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, or
is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act M1) having arrived with scheme entry clearance.
But paragraph (2) does not apply to a person if the decision to remove that person was taken—
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
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.
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.
Annotations
Textual amendments
- F1
Reg. 6(1A) inserted (25.6.2025) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/639), regs. 1(2), 2
- F2
Reg. 6(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(4)(b)
- F3
Words in reg. 6 heading 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(4)
- F4
Words in reg. 6 heading 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(4)(a)
Marginal citations
- M1
Section 11(1) was amended by the Immigration and Asylum Act 1999 (c. 33), Schedule 14, paragraph 48, the Nationality, Immigration and Asylum Act 2002, section 62(8), and the Immigration Act 2016 (c. 19), Schedule 10, paragraph 15.
Commencement
- I1
Reg. 6 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)
Notes on Decisions other than those relating to frontier workers
Textual amendments
- F1
Pt. 2 Ch. 1 cross-heading 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(3)