Case No. UKUT-00124-(IAC)

1. Must an appeal brought under the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052 - “the 2016 Regulations”) against an EEA decision be treated as abandoned following a grant of leave to remain to the appellant? 2. The position originally adopted by the Respondent in answer to this question was “yes”. However, she now concedes that this is not the case and that there has never been a legislative mechanism for an appeal brought under the 2016 Regulations or their predecessors to be treated as abandoned following a grant of leave to remain or the issuance of documentation confirming a right to reside under EU law. 3. In addition, the Respondent accepts that the First-tier Tribunal erred in law when dismissing the Appellant’s appeal, and that the decision should be remade and the appeal allowed. Consequently, the substance of this appeal can be dealt with in fairly short order. However, the jurisdictional question of abandonment requires a little more exploration to determine whether the Respondent’s concession is correct . 4. In undertaking this exercise, we shall refer to the 2016 Regulations, the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003 - “the 2006 Regulations” ), and the Immigration (European Economic Area) Regulations 2000 (SI 2000/2326 - “the 2000 Regulations). The three sets of Regulations shall be referred to collectively as “the EEA Regulations”.