SI 2015 No. 694. These Regulations amend the Immigration (European Economic Area) Regulations 2006 (including bringing the legal framework within which appeals may be brought against a decision taken under the 2006 Regulations into line with the regime established by the Immigration Act 2014). Coming into force 6th April 2015.
The 2006 Regulations set out the appellate regime in respect of decisions which are made under those Regulations (‘EEA decisions’) and they apply certain parts of Part 5 of the 2002 Act to appeals against EEA decisions. The 2014 Act substantially
amended the appellate regime in the 2002 Act. The 2014 Act restructured the rights of appeal in the 2002 Act, with the effect that is now only possible to appeal under that Act against the refusal of a human rights claim, a protection claim (humanitarian
protection and asylum) and revocation of a refugee or humanitarian protection status (‘the tripartite grounds’). In particular the concept of an appeal against an ‘immigration decision’, upon which appeals against EEA decisions were previously based by the 2006 Regulations, no longer exists.
Accordingly, paragraph 15 of Schedule 1 amends paragraph 1 of Schedule 1 to the 2006 Regulations to apply the relevant provisions of the 2002 Act, as amended by the 2014 Act, to appeals against an EEA decision, as though the sole permitted ground of appeal were that the decision breaches the appellant’s rights under the EU Treaties.
