SCHEDULE
Regulation 3
Amendments to the 2006 Regulations
Regulation 2 (general interpretation)
1. In regulation 2, in paragraph (1)-
(a) in the definition of "EEA decision", after sub-paragraph (d), insert-";
but does not include decisions under regulations 24AA (human rights considerations and interim orders to suspend removal) or 29AA (temporary admission in order to submit case in person)";
(b) in ""a qualifying EEA State residence card"", at the beginning, omit "a".Regulation 11 (right of admission to the United Kingdom)
2. In regulation 11, in paragraph (8), after "regulations 19(1)" insert ", (1A)".
Regulation 15B (continuation of a right of residence)
3. In regulation 15B-
(a) in paragraphs (2)(b), (3)(b) and (4)(b), on each occasion when it occurs, omit "(within the meaning of section 104 of the 2002 Act)"; and(b) after paragraph (5), insert-"(6) This regulation does not affect the ability of the Secretary of State to give directions for P's removal while an appeal is pending or before it is finally determined.(7) In this regulation, "pending" and "finally determined" have the meanings given in section 104 of the 2002 Act( 5).".Regulation 19 (exclusion and removal from the United Kingdom)
4. In regulation 19, in paragraph (1A), at the end, insert ", except where the person is temporarily admitted pursuant to regulation 29AA".
Regulation 22 (person claiming right of admission)
5. In regulation 22-
(a) in paragraph (1)(a), on the second occasion when it occurs, omit "or";(b) in paragraph (1)(b), at the end, insert "; or"; and(c) after paragraph (1)(b), insert-";
(c) a person to whom regulation 29AA applies".New regulation 24AA (human rights considerations and interim orders to suspend removal)
6. After regulation 24, insert-
"Human rights considerations and interim orders to suspend removal
24AA.
(1) This regulation applies where the Secretary of State intends to give directions for the removal of a person ("P") to whom regulation 24(3) applies, in circumstances where-(a) P has not appealed against the EEA decision to which regulation 24(3) applies, but would be entitled, and remains within time, to do so from within the United Kingdom (ignoring any possibility of an appeal out of time with permission); or(b) P has so appealed but the appeal has not been finally determined.(2) The Secretary of State may only give directions for P's removal if the Secretary of State certifies that, despite the appeals process not having been begun or not having been finally determined, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of P's appeal, would not be unlawful under section 6 of the Human Rights Act 1998( 6) (public authority not to act contrary to Human Rights Convention).(3) The grounds upon which the Secretary of State may certify a removal under paragraph (2) include (in particular) that P would not, before the appeal is finally determined, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.(4) If P applies to the appropriate court or tribunal (whether by means of judicial review or otherwise) for an interim order to suspend enforcement of the removal decision, P may not be removed from the United Kingdom until such time as the decision on the interim order has been taken, except-(a) where the expulsion decision is based on a previous judicial decision;(b) where P has had previous access to judicial review; or(c) where the removal decision is based on imperative grounds of public security.(5) In this regulation, "finally determined" has the same meaning as in Part 6.".Regulation 29 (effect of appeals to the First Tier Tribunal or Upper Tribunal)
7. In regulation 29-
(a) in paragraph (2), after "United...