Explanatory note

These Regulations make changes to the Immigration (European Economic Area) Regulations 2000 (S.I. 2000/2326) (“the 2000 Regulations”) which are consequential to changes to the appeals system in the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) made by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (“the 2004 Act”).

The 2004 Act amended the 2002 Act so that appeals are no longer made to an adjudicator but to the new Asylum and Immigration Tribunal. The 2000 Regulations (as amended) provided for appeals under those regulations to be made to an adjudicator appointed under the 2002 Act. Consequently, these Regulations amend the 2000 Regulations so that references to appeals to adjudicators are changed to references to the Asylum and Immigration Tribunal and so that the new procedural provisions in the 2002 Act apply to appeals under the 2000 Regulations, in place of the old procedural provisions relating to appeals to adjudicators.

Transitional provisions which cover all appeals made to adjudicators appointed under the 2002 Act are included in the Asylum and Immigration (Treatment of Claimants, etc) 2004 (Commencement No. 5 and Transitional Provisions) Order 2005, which commences the relevant parts of the 2004 Act.