OpenLegislation

Regulation 27 Out of country appealsF1

(1)

Subject to paragraphs (2) and (3), a person may not appeal under regulation 26 whilst he is in the United Kingdom against an EEA decision—

(a)

to refuse to admit him to the United Kingdom;

(F2zaa)

to revoke his admission to the United Kingdom;

(F3aa)

to make an exclusion order against him;

(b)

to refuse to revoke a deportation F4or exclusion order made against him;

(c)

to refuse to issue him with an EEA family permit;

(F5ca)

to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the relevant person is outside the United Kingdom; or

(F6d)

to remove him from the United Kingdom after he has entered the United Kingdom in breach of a deportation or exclusion order F7, or in circumstances where that person was not entitled to be admitted pursuant to regulation 19(1) or (1AB).

(2)

F8F9Paragraphs F10(1)(a) to (aa) do not apply where the person is in the United Kingdom and—

(a)

the person held F11 a valid EEA family permit, registration certificate, residence card, F12 derivative residence card, document certifying permanent residence F13, permanent residence card or qualifying EEA State residence card. on his arrival in the United Kingdom or can otherwise prove that he is resident in the United Kingdom F14or;

(b)

the person is deemed not to have been admitted to the United Kingdom under regulation 22(3) but at the date on which notice of the decision to refuse to admit him is given he has been in the United Kingdom for at least 3 months F15. F16or

(F17c)

has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.

(F183)

Paragraph (1)(d) does not apply where the person has made an asylum or human rights claim (or both), unless the Secretary of State has certified that the claim or claims is or are clearly unfounded.

Annotations

Textual amendments

F1

Regulations revoked (1.2.2017) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), Sch. 4 para. 1 (with savings and modifications for regs. 7A, 7B in Sch. 4 para. 2)

F2

Reg. 27(1)(zaa) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(a)

F3

Reg. 27(1)(aa) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(a)(i)

F4

Words in reg. 27(1)(b) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(a)(ii)

F5

Reg. 27(ca) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(a) (with Sch. 3)

F6

Reg. 27(1)(d) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(a)(iii)

F7

Words in reg. 27(1)(d) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(b)

F8

Reg. 27(2)(3) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(d) (with reg. 6)

F9

Words in reg. 27(2) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(b)(i)

F10

Words in reg. 27(2) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(c)(i)

F11

Words in reg. 27(2)(a) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(b)(ii)

F12

Words in reg. 27(2)(a) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(b) (with Sch. 3)

F13

Words in reg. 27(2)(a) substituted (7.4.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 23

F14

Word in reg. 27(2) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(c)(ii) (with reg. 6)

F15

Reg. 27(2)(b) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(c)(iii) (with reg. 6)

F16

Word in reg. 27(2)(b) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(b)(iii)

F17

Reg. 27(2)(c) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(c) (with Sch. 3)

F18

Reg. 27(3) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(d) (with Sch. 3)