Where a negative decision has been made in relation to an EEA right, for example, where the family member of an EEA national has been refused entry to the UK, or where the authorities have refused to issue such a person with an EEA family permit, there are rights of appeal. EEA decisions attract a right of appeal. Where there is a national security dimension to the case the appeal will lie to the Special Immigration Appeals Commission (‘SIAC’).
Regulation 36 of the 2016 Regs requires an EEA national and/or a family member or an extended family member of an EEA national wishing to assert a right of appeal to produce evidence of identity and nationality. In addition family members must produce either an EEA family permit or a qualifying EEA state residence card or (in some circumstances) proof of their relationship with the EEA national.
However, applications under the EU Settlement Scheme do not carry a right of appeal. This is because they are not, formally, EEA decisions, but decisions under the Immigration Rules (and not within the range of appealable decisions set out in s.82 Nationality, Immigration and Asylum Act 2002).
Challenges to decisions under the Scheme are therefore by Administrative Review and by Judicial Review.