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Appeal & Representation

Scope of an EEA appeal | ICS Legal Lawyers

A person served with an EEA decision, who has a right of appeal, may appeal against that decision to the First-tier Tribunal.
In the appeal, the appellant will have to demonstrate why the EEA decision was wrong. An EEA decision means a decision under the EEA Regulations that concerns:

  • A person’s entitlement to be admitted to the UK.

  • A person’s entitlement to be issued with or have renewed, or not have revoked,  a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision that an application for the above documentation is invalid). 

  • A person’s removal from the UK.

  • The cancellation pursuant to regulation 25, on grounds of public policy, public security or public health, or on grounds of misuse of rights, of a person’s right to reside in the UK.

Want to find more about EEA Rights of Appeal?
Talk to our experts and get the right advice first time, every time.

Invalid applications: no right of appeal

An application is invalid if either it:

  • Has not been submitted online or by post or in person using the relevant application form.

  • Is not accompanied or joined by the relevant evidence or proof required by the Regulations, including original identity documents where required; or is incomplete.

Specified evidence not provided: no right of appeal 

There is no right of appeal if the applicant has not provided the specified evidence relevant to the particular type of application. By speaking to one of ICS Legal Lawyers, we can advise you on the evidences required to support the EEA application. You can call us on 0207 237 3388 or email our team by completing our contact form by clicking here

Where there is no right of appeal at the point of decision because specified evidence has not been provided, the person will be notified that there is no right of appeal against the decision. However, the applicant can lodge an appeal with the specified evidence and, if they do so, the appeal will be valid.

EEA rights of appeal that can only be exercised from outside the UK

These are decisions to: 

  • refuse to admit a person to the UK; 

  • revoke admission to the UK;

  • make an exclusion order against a person;

  • refuse to revoke a deportation or exclusion order made against a person;

  • refuse to issue a person with an EEA family permit;

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

  • remove a person from the United Kingdom after they have entered the UK in breach of a deportation or exclusion order, or in circumstances where that person was not entitled to be admitted pursuant to regulation 23(1), (2), (3) or (4)
    (exclusion justified on grounds of public policy, public security, public health or  reasonable grounds to suspect that admission would lead to a misuse of a right to reside). 

Exceptions to the requirement to appeal from outside of the UK

  • held a valid EEA family permit, registration certificate, derivative residence card, document certifying permanent residence, permanent residence card or qualifying EEA state residence card or can otherwise prove that they are resident in the UK. 

  • is deemed not to have been admitted to the UK under regulation 29(3)but at the date on which notice of the decision to refuse to admit them is given they have been in the ​UK for at least 3 months. 

Getting sound legal advice is important to avoid a lengthy legal process. You can speak to one of ICS Legal Lawyers today on 0207 237 3388 or complete our online form, by clicking here, so one of our ICS Legal Lawyers can get in contact with you. 

 

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