TY (Sri Lanka) v Secretary of State for the Home Department

Immigration – Appeal. The Court of Appeal, Civil Division, dismissed an appeal against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that it did not have jurisdiction to consider an appeal. The original decision to refuse the appellant an EEA residence card had been made under the Immigration (European Economic Area) Regulations, SI 2006/1003. No one stop notice had been served under s 120 of the Nationality, Immigration and Asylum Act 2002. Therefore, the appellant had not been entitled to raise asylum and human rights grounds on appeal, and had been constrained to appealing the original decision under the Regulations.

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