or section 82(1) of the 2002 Act. Any existing appeal under those sections of those Acts or under the Asylum and Immigration Appeals Act 1993, the Asylum and Immigration Act 1996 or the 1999 Act shall be treated as abandoned
. ” (Emphasis added) 25. The issuance of specified documentation therefore resulted in statutory abandonment, but only where the appeal had been brought “under section 82(1)” NIAA 2002. The rationale behind this provision was presumably that the individual concerned would have been given all that he/she had sought in the appeal, namely a document confirming his/her right under EU law to reside in the United Kingdom. 26. Once the ability of an appellant to rely on EU law rights in an appeal brought under section 82(1) NIAA 2002 was removed by the Immigration Act 2014, the only means by which such rights could be asserted in an appellate process was under the 2006 Regulations and, in due course, the 2016 Regulations.
- Introduction
- Relevant background
- matters
- section 82(1)
- under section 82(1)
- Appeals under the 2002 Act
- shall have no right of appeal under
- or section 82(1) of the 2002 Act. Any existing appeal under those sections of those Acts or under the Asylum and Immigration Appeals Act 1993, the Asylum and Immigration Act 1996 or the 1999 Act shall be treated as abandoned
- Appeals brought under the 2000 Regulations
- Munday (EEA decision: grounds of appeal)
- ppeals brought
- under the 2016 Regulations
- under those Regulations
- and remaking the decision
- Anonymity
- We remake the decision by allowing the appeal.