(i) In the absence of a s.120 notice and a statement of "additional grounds", an appellant could not rely on the Immigration (European Economic Area) Regulations 2006 before the First-tier Tribunal as that had not formed part of his application for leave to remain made to the Secretary of State: Lamichhane v SSHD [2012] EWCA Civ 260 applied. (ii) A statement of "additional grounds" may be made in response to a s.120 notice at any time, including up to (and perhaps at the time of) the hearing of the appeal. (iii) Although the legislative scheme prescribes no particular form in which a statement of "additional grounds" must be made, such a statement must as a minimum set out with some level of particularity the ground(s) relied upon by the appellant as the foundation for remaining in the UK and upon which reliance has not previously been placed. It must "state" the additional ground to be relied on in substance or, at least, in form.
