What Part 5 did
Part 5 of the Immigration (EEA) Regulations 2006 set out how EEA decisions were taken and notified, and what happened to people claiming admission or facing removal.
The main provisions
- A person claiming a right of admission. A person who claimed admission as an EEA national, a family member, a person with a derivative right or a permanent right, or a holder of a qualifying residence card, had to be given reasonable opportunity to obtain the required documents, and could not be refused solely for not having them where they could prove their claim in another way.
- A person refused admission. A decision to refuse admission could not generally lead to removal before an appeal, except in specified circumstances.
- A person subject to removal. Removal after an EEA decision followed a notice setting out the reasons and the appeal rights, and normally took place only after the appeal period.
- Human rights and interim orders. Where a person made a human rights claim, removal could be suspended while it was considered.
- Revocation of deportation and exclusion orders. A person could apply for an order to be revoked, with the Home Office considering whether the conditions in the order’s reasons still applied.
Why the procedure mattered
Many EEA cases were won on process: a notice that did not give reasons, a removal that preceded the time to appeal, or a decision that failed to apply the public policy test properly. See Part 4 and Part 6: appeals.
