Immigration Law & Conveyancing

No Human Rights in an EEA appeal

 

 

downloadCase of Amirteymour & others (EEA appeals;human tights) (2015) UKUT 466 (IAC)

What is this case about ?

Headnote ‘ Where no notice under section 120 of the 2002 Act has been served, and where no EEA decision to remove has been made, an appellant cannot bring a Human Rights challenge to removal in an appeal under the EEA REgulations…’

What does this mean ?

It means that where you have made an EEA application for a registration certificate or residence card, either as an EEA national exercising treaty rights in the UK through work, study, being self employed, self sufficient or a student, or you are the non EEA national family member of an EEA national, and the application is refused, you will NOT be able to rely on a challenge on Human Rights grounds as part of your appeal.

This would usually be on the grounds of your private or family life here in the UK.

You DO however, still have a right of appeal against the decision to refuse to issue those documents, under the EEA regulations.

 

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