Regulation 8 Grounds of appealI1

United Kingdom

(1)

An appeal under these Regulations must be brought on one or both of the following two grounds.

(2)

The first ground of appeal is that the decision breaches any right which the appellant has by virtue of—

(a)

Chapter 1, or Article 24(2) F1, 24(3), 25(2) or 25(3) of Chapter 2, of Title II F2, or Article 32(1)(b) of Title III, of Part 2 of the withdrawal agreement,

(b)

Chapter 1, or Article 23(2) F3, 23(3), 24(2) or 24(3) of Chapter 2, of Title II F4, or Article 31(1)(b) of Title III, of Part 2 of the EEA EFTA separation agreement, or

(c)

Part 2 F5, or Article 26a(1)(b), of the Swiss citizens' rights agreement M1.

(3)

The second ground of appeal is that—

(a)

where the decision is mentioned in regulation 3(1)(a) or (b) or 5, it is not in accordance with the provision of the immigration rules by virtue of which it was made;

(b)

where the decision is mentioned in regulation 3(1)(c) or (d), it is not in accordance with residence scheme immigration rules;

(c)

where the decision is mentioned in regulation 4, it is not in accordance with section 76(1) or (2) of the 2002 Act (as the case may be);

(d)

where the decision is mentioned in regulation 6, it is not in accordance with section 3(5) or (6) of the 1971 Act (as the case may be).

F6(e)

where the decision is mentioned in regulation 6A, 6B, 6C or 6D, it is not in accordance with regulation 9, 11, 12, 14, 15(1)(a) or 15(1)(c) of the 2020 Regulations (as the case may be);

(f)

where the decision is mentioned in regulation 6E, it is not in accordance with section 3(5) or 3(6) of the 1971 Act, or regulation 15(1)(b) of the 2020 Regulations (as the case may be).

F7(g)

where the decision is mentioned in regulation 6G(1)(a) or (1)(b) or 6H, it is not in accordance with the provision of the immigration rules by virtue of which it was made;

(h)

where the decision is mentioned in regulation 6G(1)(c) or (1)(d), it is not made in accordance with Appendix S2;

(i)

where the decision is mentioned in regulation 6I, it is not made in accordance with the provision of, or made under, the 1971 Act (including the immigration rules) by virtue of which it was made;

(j)

where the decision is mentioned in regulation 6J, it is not in accordance with section 3(5) or (6) of the 1971 Act, or Appendix S2 (as the case may be).

(4)

But this is subject to regulation 9.

Annotations

Textual amendments

F1: Words in reg. 8(2)(a) substituted (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(6)(a)(i)
F2: Words in reg. 8(2)(a) 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(6)(a)(i)
F3: Words in reg. 8(2)(b) substituted (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(6)(a)(ii)
F4: Words in reg. 8(2)(b) 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(6)(a)(ii)
F5: Words in reg. 8(2)(c) 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(6)(a)(iii)
F6: Reg. 8(3)(e)(f) 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(6)(b)
F7: Reg. 8(3)(g)-(j) 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(6)(b)

Marginal citations

M1: See section 39(1) of the EUWAA for the meanings of “EEA EFTA separation agreement”, “Swiss citizens' rights agreement” and “withdrawal agreement”.

Commencement

I1: Reg. 8 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Notes on Decisions relating to persons with a healthcare right of entry

Textual amendments

F1: Regs. 6G-6J and cross-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(5)