Date Legislation considered: 7 July 2025
Date Legislation in force: 25 June 2025
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Residence
What does the legislation do?
The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025 (“the 2025 Regulations”) amend the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the Principal Regulations”).
The Principal Regulations provide, amongst other matters, for a right of appeal for EU, EEA EFTA citizens and their family members against a decision to deport them.
The Explanatory Memorandum states that the purpose of the 2025 Regulations is to simplify “the appeals process for citizens who have permission to remain in the UK under the EU Settlement Scheme (EUSS) and who are subject to deportation action under the Immigration Act 1971” (paragraph 4.1).
Currently, citizens who have status under the EUSS and who are subject to deportation action under the Immigration Act 1971 (“IA 1971”) have two separate opportunities to raise an appeal.
The first is to lodge an appeal, under the Principal Regulations, against the decision to make a deportation order. The second is to lodge an appeal, under section 82 of the Nationality, Immigration and Asylum Act 2002 (“NIAA 2002”), against a refusal of a human rights or protection claim. For some EUSS status holders this results in “two separate rights of appeal which arise at different times and may have two separate hearings relating to their deportation” (paragraph 5.6 of the Explanatory Memorandum).
The Explanatory Memorandum further explains at paragraph 5.7:
“The Secretary of State currently seeks to decide human rights and protection claims before the appeal relating to the decision to make a deportation order is heard, so that any appeal against a refusal of a human rights or protection claim can be heard at the same time as the appeal against a decision to make a deportation order. However, where this is not possible, the appeal against the decision to make a deportation order will proceed on its own and risks being premature if the human rights or protection claim needs to be assessed to determine whether deportation would be lawful. Where this leads to adjournments or separate hearings, this is an inefficient use of Home Office resources and judicial time, as well as being unsatisfactory for the person bringing the appeals.”
The 2025 Regulations amend the Principal Regulations to provide that when a decision to make a deportation order under the 1971 Act is made, the right of appeal under the Principal Regulations instead arises after the EUSS status holder has been given the opportunity to make representations against that decision.
Where the EUSS status holder makes no representations, they will still be able to appeal the decision to make a deportation order to the First-tier Tribunal (Immigration and Asylum Chamber) as is the case now.
If a human rights or protection claim is made as part of the representations, and either claim is refused, the EUSS status holder will now be able to appeal against the decision to make a deportation order under the Principal Regulations at the same time as appealing the refusal of their human rights or protection claim under section 82 of the NIAA 2002.
Comments
The IMA raises no issues of concern in relation to these Regulations.
Citizens who are experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.