Paragraph 1 F1F2

The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the F3First-tier Tribunal as if it were an appeal F4against an immigration decision under section 82(1) of that Act:

1. 1

   • section 84(1) , except paragraphs (a) and (f);

   • sections 85 to 87;

• against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)—

  section 84 (grounds of appeal), as though the sole permitted ground of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);

• section 85 (matters to be considered), as though—

  1. (i)

     the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 4 of Schedule 2 to these Regulations; and

  2. (ii)

     a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;

• section 86 (determination of appeal);