[2023] UKUT 00293 (IAC)

First, do the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”) entitle an appellant to submit that a refusal of leave to remain under the EU Settlement Scheme (“the EUSS”) breaches Article 8 of the European Convention on Human Rights (“the ECHR” or the “Convention”), other than as a “new matter” with the consent of the Secretary of State?

Secondly, does section 7(1) of the Human Rights Act 1998 oblige the First-tier Tribunal to entertain free-standing submissions that a refusal of leave to remain, as opposed to the refusal of a “human rights claim” (as defined by section 113(1) of the Nationality, Immigration and Asylum Act 2002, “the 2002 Act”), is a breach of the ECHR?