# The Immigration (European Economic Area) Regulations 2006 (revoked), Regulation 29: Effect of appeals to the First-tier Tribunal or Upper Tribunal


(1) This Regulation applies to appeals under these Regulations made to the First-tier Tribunal or Upper Tribunal.
(2) If a person in the United Kingdom appeals against an EEA decision to refuse to admit him to the United Kingdom (other than a decision under regulation 19(1), (1A) or (1B)) any directions for his removal from the United Kingdom previously given by virtue of the refusal cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
(3) If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom (other than a decision under regulation 19(3)(b)), any directions given under section 10 of the 1999 Act or Schedule 3 to the 1971 Act for his removal from the United Kingdom are to have no effect, except in so far as they have already been carried out, while the appeal is pending.
(4) But the provisions of Part I of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing against a refusal to admit him , or a decision to revoke his admission, or a decision to remove him as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
(4A) In paragraph (4), the words “except that he” to the end do not apply to an EEA decision to which regulation 24AA applies.
(5) In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for—
(a) the giving of directions under that paragraph for the removal of a person from the United Kingdom; and
(b) the giving of a notice of intention to give such directions,
any period during which there is pending an appeal by him under is to be disregarded (except in cases where the EEA decision was taken pursuant to regulation 19(1), (1A), (1B) or (3)(b)).
(6) If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom, a deportation order is not to be made against him under section 5 of the 1971 Act while the appeal is pending.
(7) Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) applies to a person who has an appeal pending under these Regulations as it applies to a person who has an appeal pending under section 82(1) of the 2002 Act.

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Source: https://www.legislation.gov.uk/uksi/2006/1003/regulation/29 (the official version)
Page: https://openlegislation.uk/immigration-european-economic-area-regulations-2006-revoked/regulation-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.