Citation, commencement and extent

regulation 1 + 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.

Amendment to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

regulation 2 + 2.  In regulation 6 (right of appeal against decisions to make a deportation order) of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020(2), 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.”.

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.