41. Temporary admission to submit case in person

of the The Immigration (European Economic Area) Regulations 2016

Green text indicates changes from the original version of the legislation.


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Temporary admission to submit case in person

This section has no associated Explanatory Memorandum

41.—(1) This regulation applies where—

(a) a person (“P”) is subject to a decision to remove made under regulation 23(6)(b);

(b) P has appealed against the decision referred to in sub-paragraph (a);

(c) a date for P’s appeal has been set by the First-tier Tribunal or Upper Tribunal;

(d) P wants to make submissions before the First-tier Tribunal or Upper Tribunal in person; and

(e) P is outside the United Kingdom.

(2) P may apply to the Secretary of State for permission to be temporarily admitted (within the meaning of paragraphs 21 to 24 of Schedule 2 to the 1971 Act, as applied by this regulation) to the United Kingdom in order to make submissions in person.

(3) The Secretary of State must grant P permission, except when P’s appearance may cause serious troubles to public policy or public security.

(4) When determining when P is entitled to be given permission, and the duration of P’s temporary admission should permission be granted, the Secretary of State must have regard to the dates upon which P will be required to make submissions in person.

(5) Where—

(a) P is temporarily admitted to the United Kingdom pursuant to this regulation;

(b) a hearing of P’s appeal has taken place; and

(c) the appeal is not finally determined,

P may be removed from the United Kingdom pending the remaining stages of the appeal (but P may apply to return to the United Kingdom to make submissions in person during the remaining stages of the appeal in accordance with this regulation).

(6) Where the Secretary of State grants P permission to be temporarily admitted to the United Kingdom under this regulation, upon such admission P is to be treated as if P were a person refused leave to enter under the 1971 Act for the purposes of paragraphs 8, 10, 10A, 11, 16 to 18A and 21 to 24 of Schedule 2 to the 1971 Act.

(7) Where Schedule 2 to the 1971 Act so applies, it has effect as if—

(a) the reference in paragraph 8(1) to leave to enter were a reference to admission to the United Kingdom under these Regulations; and

(b) the reference in paragraph 16(1) to detention pending a decision regarding leave to enter or remain in the United Kingdom were to detention pending submission of P’s case in person in accordance with this regulation.

(8) P is deemed not to have been admitted to the United Kingdom during any time during which P is temporarily admitted pursuant to this regulation.

None Identified

Previous Section
40. Effect of appeals to the First-tier Tribunal or Upper Tribunal
Next Section
42. Alternative evidence of identity and nationality

 

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