The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025
The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025 amend the 2020 Regulations to modify the right of appeal against deportation decisions.
The amendment ensures that the right of appeal only arises after an individual has been given the opportunity to make representations to the Secretary of State and the decision to deport has been finalized, aligning it with the Nationality, Immigration and Asylum Act 2002.
This change aims to improve procedural fairness and potentially streamline the appeals process.
Arguments For
Alignment with existing legislation: The amendment brings the appeal process in line with the Nationality, Immigration and Asylum Act 2002, ensuring consistency and fairness.
Improved procedural fairness: Requiring individuals to be given an opportunity to make representations before a deportation order is finalized enhances due process and allows for consideration of mitigating circumstances.
Streamlined appeals process: By aligning the appeals processes, the Tribunal can potentially consider appeals concurrently, improving efficiency and reducing delays.
Arguments Against
Potential for delays: The added step of allowing representations might inadvertently delay the deportation process in some cases.
Unintended consequences: The amendment's impact on the overall number of appeals and the success rate of such appeals might be unforeseen.
Resource implications: While a full impact assessment deemed the impact insignificant, there could be slight increases in administrative resources required for managing initial representations.
Citation, commencement and extent 1.
(1) These Regulations may be cited as the Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025.
(2) These Regulations come into force on 25th June 2025.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides details about the legislation's title, effective date, and geographical scope.
The regulations are officially titled "Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025" and become effective June 25, 2025.
They apply across the entire UK: England, Wales, Scotland, and Northern Ireland.
Amendment to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 2.
In regulation 6 (right of appeal against decisions to make a deportation order) of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 20202, after paragraph (1) insert—
(1A) For the purposes of paragraph (1) only, a decision to make a deportation order means a decision to pursue deportation that is made after a person has been asked to make representations to the Secretary of State as to why they should not be deported.
This section amends regulation 6 of the 2020 Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations.
It adds a new sub-paragraph (1A) to clarify that the right of appeal against a deportation order begins only after an individual has been given a chance to explain why they shouldn't be deported and the Secretary of State has decided to proceed with deportation.
This change is primarily focused on refining the process for deportation appeals.
Explanatory Note (This note is not part of the Regulations)
These Regulations amend the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”).
Regulation 2 inserts a new paragraph into Regulation 6 of the 2020 Regulations, so that the right of appeal against a decision to make a deportation order under the 2020 Regulations will now arise only after the person has been given the opportunity to make representations as to why they should not be deported and the Secretary of State has decided to pursue deportation. This is to ensure that the 2020 Regulations appeal right aligns with the point a right of appeal arises under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the NIAA 2002”), which provides a right of appeal in respect of a refusal of protection and/or human rights claims, or the revocation of protection status. This means that when a decision to make a deportation order is made, the right of appeal under the 2020 Regulations will now arise after the person has been given an opportunity to make representations against the decision to make a deportation order and the Secretary of State has decided to pursue deportation, and if a separate right of appeal arises under the NIAA 2002, both appeals can be considered concurrently by the Tribunal.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The explanatory note clarifies the amendment's purpose.
It explains that the regulation change aligns the appeal process with the Nationality, Immigration, and Asylum Act 2002 by requiring individuals to have a chance to make representations before the appeal right is triggered.
This, along with the lack of significant impacts on any sector, allowed for an absence of a full impact assessment.