UTIAC The correct approach to be applied by tribunal judges in relation to ss.117A-D of the Nationality, Immigration and Asylum 2002 (as amended) in the context of EEA removal decisions is:
(i) first to decide if a person satisfies requirements of the Immigration (European Economic Area) Regulations 2006. In this context ss.117A-D has no application;
(ii) second where a person has raised Article 8 as a ground of appeal, ss.117A-D applies.
Thirlwall J, Storey UTJ
[2015] UKUT 329 (IAC)
Bailii
England and Wales
Immigration
Updated: 03 January 2022; Ref: scu.550613