The Immigration (Citizens Rights Appeals) (EU Exit) (Amendment) Regulations 2023
Summary of Information
The IMA is monitoring the use of regulation 16A of the Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 by the Home Office.
In 2023 amendment Regulations were introduced which inserted a new regulation into the Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020.
This gave the Home Office the ability to remove an applicant who submitted an abusive or fraudulent application to the EUSS from the UK before a final judgment has been given in any appeal against refusal of their application.
A copy of the IMA’s legislation monitoring report in respect of the amending Regulations can be found here.
In July 2023, the IMA raised concerns with the Home Office in relation to the drafting of the new power. In particular, the IMA considered that it could be used to remove individuals from the UK before the outcome of their appeal against a decision to refuse, curtail or revoke EUSS status where they had not engaged in abuse of rights or fraud in relation to their own application. The IMA’s view was that the power could be used in a way which was not compatible with the Citizens’ Rights Agreements.
Whilst the Home Office did not agree that the power could be used in this way, they agreed to a number of actions. The Home Office agreed to:
- inform the IMA of litigation concerning the use of regulation 16A of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“regulation 16A”) where status under the Defendant’s EU Settlement Scheme is refused, curtailed, or revoked on the basis of abuse of rights or fraud in a ‘third party’ case;
- share available data with the IMA on the use of regulation 16A in relation to the EU Settlement Scheme and;
- share with the IMA draft guidance to be prepared by the Defendant in respect of the use of regulation 16A
Summary of Actions and Evidence
The IMA have liaised with the Home Office and ascertained that:
- No litigation concerning the use of regulation 16A of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“regulation 16A”) where status under the Defendant’s EU Settlement Scheme is refused, curtailed, or revoked on the basis of abuse of rights or fraud in a ‘third party’ case has been instigated by the Home Office
- No use of regulation 16A in relation to the EU Settlement Scheme has been logged by the Home Office
- No draft guidance has been issued on the regulation. The guidance is expected later this year
Summary of Decision
Based on the information gathered so far, the IMA believes that the terms of the agreement are being abided by and the rights of citizens are being upheld.
A monitoring period until 31 March 2025 has been agreed and the IMA will continue to monitor the use of the regulation in that period.
On completion of the monitoring period the IMA expects to have sight of the draft guidance on the use of regulation 16A. Once this has been seen, the IMA will be able to ascertain whether it is content that its use will be correctly applied. If not content, then the IMA will have the right to act further in this matter.
The IMA would encourage affected citizens to continue to report any issues, whether related to this issue or otherwise.
