A family member applied for an EEA FP and was turned down last year. They told him he could appeal under Regulation 27. He applied again and was rejected for (generally) the same reasons, and they have now told him he can appeal under Regulation 29. Why did they tell him different Regulations for his appeal rights? What is the difference in practice?
Out of country appeals
27.—(1) Subject to paragraphs (2) and (3), a person may not appeal under regulation 26 whilst he is in the United Kingdom against an EEA decision—
(a)to refuse to admit him to the United Kingdom;
(b)to refuse to revoke a deportation order made against him;
(c)to refuse to issue him with an EEA family permit; or
(d)to remove him from the United Kingdom after he has entered or sought to enter the United Kingdom in breach of a deportation order.
(2) Paragraph (1)(a) does not apply where—
(a)the person held an EEA family permit, a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card on his arrival in the United Kingdom or can otherwise prove that he is resident in the United Kingdom;
(b)the person is deemed not to have been admitted to the United Kingdom under regulation 22(3) but at the date on which notice of the decision to refuse to admit him is given he has been in the United Kingdom for at least 3 months;
(c)the person is in the United Kingdom and a ground of the appeal is that, in taking the decision, the decision maker acted in breach of his rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.
(3) Paragraph (1)(d) does not apply where a ground of the appeal is that, in taking the decision, the decision maker acted in breach of the appellant’s rights under the Human Rights Convention or the Refugee Convention, unless the Secretary of State certifies that that ground of appeal is clearly unfounded.
Effect of appeals to the Asylum and Immigration Tribunal
29.—(1) This Regulation applies to appeals under these Regulations made to the Asylum and Immigration Tribunal.
(2) If a person in the United Kingdom appeals against an EEA decision to refuse to admit him to the United Kingdom, any directions for his removal from the United Kingdom previously given by virtue of the refusal cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
(3) If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom, any directions given under section 10 of the 1999 Act or Schedule 3 to the 1971 Act for his removal from the United Kingdom are to have no effect, except in so far as they have already been carried out, while the appeal is pending.
(4) But the provisions of Part I of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing against a refusal to admit him or a decision to remove him as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
(5) In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for—
(a)the giving of directions under that paragraph for the removal of a person from the United Kingdom; and
(b)the giving of a notice of intention to give such directions,
any period during which there is pending an appeal by him under is to be disregarded.
(6) If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom, a deportation order is not to be made against him under section 5 of the 1971 Act while the appeal is pending.
(7) Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) applies to a person who has an appeal pending under these Regulations as it applies to a person who has an appeal pending under section 82(1) of the 2002 Act.
