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Immigration (EEA) Regulations 2006 continue to apply for appeals says tribunal


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Pretty obscure looking at first glance, this one: TM (EEA nationals – meaning; NI practitioners : Zimbabwe) [2017] UKUT 165 (IAC). So much so I confess I overlooked it.

Firstly, some dual national British-EEA nationals were protected from the UK’s arguably over zealous implementation of McCarthy. I’ve had to advise on this before and it is a very limited group.

Secondly, and much more importantly to day to day practice. the Immigration (EEA) Regulations 2006 are apparently preserved for appeals (or rights of appeal) already commenced on 1 February 2017, which was not the case when the 2006 regulations replaced the predecessor 2000 regulations (see MG and VC (EEA Regulations 2006; “conducive” deportation) Ireland[2006] UKAIT 00053).

Plus some bonus guidance on regulatory rules for barristers in Northern Ireland, which is apparently now something the immigration tribunal looks into rather than regulators.

The official headnote:

  1. Schedule 1, paragraph 1 (d) of the Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547)amended the definition of EEA national to exclude those who are also British Citizens, but that change was subject to the transitional provisions set out in Schedule 3 of those regulations. Similar provisions were added to the Immigration (European Economic Area) Regulations 2016 by the Immigration (European Economic Area) (Amendment) Regulations 2017 (SI 2017/1) which amended schedule 6 of the 2016 Regulations by adding a new paragraph 9.
  2. Although the reg 1 (2) of the 2016 regulations revoked the Immigration (European Economic Area) Regulations 2006, they are preserved for the purposes of appeals, as are the rights of appeal by an amendment to Schedule 4 of the new EEA Regulations made by the Immigration (European Economic Area) (Amendment) Regulations 2017 (SI 2017/1).
  3. While the representatives regulated by OISC and members of the Bar of Northern Ireland are both entitled under section 84 of the Immigration and Asylum Act 1999 to provide immigration services, section 11 of the Code of Conduct of the Bar of Northern Ireland precludes barristers from taking instructions from persons other than lawyers who are governed by a professional body (which does not include OISC).
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Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.