What Part 6 did
Part 6 of the Immigration (EEA) Regulations 2006 gave rights of appeal against EEA decisions and said how the appeals worked.
The main provisions
- Right of appeal. A person could appeal to the First-tier Tribunal against an EEA decision: a refusal of admission, a refusal or revocation of a residence document, or a decision to remove.
- Out-of-country appeals (regulation 27). A person who was outside the UK, or who had been removed, could usually appeal from abroad, and in public policy cases there were limits on being present at the hearing, with provision for temporary admission to attend.
- National security. Where the decision rested on national security, the appeal went to the Special Immigration Appeals Commission.
- Effect of an appeal. While an appeal was pending a person could not normally be removed, subject to exceptions.
- Temporary admission to submit a case. A person could apply to come to the UK to present their case in person.
How appeals work today
The Regulations no longer apply. People with rights under the Withdrawal Agreement, or refused under the EU Settlement Scheme, have their own appeal rights, with their own time limits, and appeals about immigration status generally go to the First-tier Tribunal (Immigration and Asylum Chamber). See immigration appeals.
