37. Out of country appeals

Out of country appeals

37.—(1) Subject to paragraph (2), a person may not appeal under regulation 36 whilst in the United Kingdom against an EEA decision—

(a) to refuse to admit that person to the United Kingdom;

(b) to revoke that person’s admission to the United Kingdom;

(c) to make an exclusion order against that person;

(d) to refuse to revoke a deportation or exclusion order made against the person;

(e) to refuse to issue the person with an EEA family permit;

(f) to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the person is outside the United Kingdom; or

(g) to remove the person from the United Kingdom following entry to the United Kingdom 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).

(2) Sub-paragraphs (a) to (c) of paragraph (1) do not apply where the person is in the United Kingdom and—

(a) the person, not being a person who is deemed not to have been admitted to the United Kingdom under regulation 29(3)—

(i) holds a valid EEA family permit, registration certificate, residence card, derivative residence card, document certifying permanent residence, permanent residence card or qualifying EEA State residence card on arrival in the United Kingdom; or

(ii) can otherwise prove that the person is resident in the United Kingdom; or

(b) the person is deemed not to have been admitted to the United Kingdom under regulation 29(3) but at the date on which notice of the decision to refuse admission is given the person has been in the United Kingdom for at least 3 months.