Case No. UKUT-00124-(IAC)

under section 82(1) of the Nationality, Immigration and Asylum Act 2002 to be treated as abandoned where an appellant was issued with documentation confirming a right to reside in the United Kingdom under EU law. Following the changes to the 2002 Act brought about by the Immigration Act 2014 that abandonment provision was revoked and never replaced. ii. There has never been provision under any of the EEA Regulations for an appeal against an EEA decision brought under those Regulations to be treated as abandoned following a grant of leave to remain or the issuance of specified documentation confirming a right to reside in the United Kingdom under EU law. iii. It follows that a grant of leave to remain following an application under the EU Settlement Scheme does not result in an appeal against an EEA decision brought under the 2016 EEA Regulations being treated as abandoned. DECISION AND REASONS Introduction 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