Case No. UKUT-00677-(IAC)

Regulations 24AA and 29A) state as follows: 24AA Human rights considerations and interim orders to suspend removal (1) This regulation applies where the Secretary of State intends to give directions for the removal of a person (“P”) to whom regulation 24(3) applies, in circumstances where— (a) P has not appealed against the EEA decision to which regulation 24(3) applies, but would be entitled, and remains within time, to do so from within the United Kingdom (ignoring any possibility of an appeal out of time with permission); or (b) P has so appealed but the appeal has not been finally determined. (2) The Secretary of State may only give directions for P’s removal if the Secretary of State certifies that, despite the appeals process not having been begun or not having been finally determined, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of P’s appeal, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention). (3) The grounds upon which the Secretary of State may certify a removal under paragraph (2) include (in particular) that P would not, before the appeal is finally determined, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed. (4) If P applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the removal decision, P may not be removed from the United Kingdom until such time as the decision on the interim order has been taken, except— (a) where the expulsion decision is based on a previous judicial decision; (b) where P has had previous access to judicial review; or (c) where the removal decision is based on imperative grounds of public security. (5) In this regulation, “finally determined” has the same meaning as in Part 6. 29AA Temporary admission in order to submit case in person (1) This regulation applies where – (a) a person (“P”) was removed from the United Kingdom pursuant to regulation 19(3)(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; and (d) P wants to make submissions before the First tier Tribunal or Upper Tribunal in person. (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 redress procedure (but P may apply to return to the United Kingdom to make submissions in person during the remaining stages of the redress procedure 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 18 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 will be deemed not to have been admitted to the United Kingdom during any time during which P is temporarily admitted pursuant to this regulation. 4. Also relevant is regulation 26(1), which provides that “Subject to the following paragraphs of this regulation, a person may appeal under these Regulations against an EEA decision”, and regulation 29 which prescribes the effect of appeals to the First-tier Tribunal or Upper Tribunal. Regulation 29(3) provides that: “If a person in the United Kingdom appeals against an EEA decision to remove him from the United Kingdom ( other than a decision under regulation 19(1(3)(b )), 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.” The words in italics were inserted with effect from 28 July 2014. 5. It is as well to mention also regulation 19(3) which specifies that subject to two exceptions: “an EEA national who has entered the United Kingdom or the family member of such a national who has entered the United Kingdom may be removed if- (a) that person does not have or ceases to have a right to reside under these Regulations; (b) the Secretary of State has decided that the person’s removal is justified on grounds of public policy, public security or public health in accordance with regulation 21”; or (c) the Secretary of State has decided that the person’s removal is justified on grounds of abuse of rights in accordance with regulation 21B(2).