Title 2 Conditions Earlier I said the Home Office can't add new conditions to Zambrano EUSS applications. Currently, they have additional rules around Appendix FM. Here is what the Withdrawal Agreement says: PART TWO - CITIZENS' RIGHTS TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO...
Misinformation Campaign or Disinformation Campaign? One could argue in their submissions that the Home Office knowingly ran a campaign of misinformation or disinformation when it provided false information in two circumstances: 1.) Before Brexit date, when it sent letters to Zambrano carers telling...
Discrimination Since May 2019, the Home Office have imposed extra conditions on Zambrano carers. The only conditions the Home Office had a legal right to impose on Zambrano carers, were the conditions listed in Title 2. That is wrong. Moreover, the Home Office made Zambrano carers apply by paper wh...
Conditions set out in Title 2 - Other persons To get settlement, Zamrano carers have to show they met the 'conditions set out in Title 2' for 'other persons'. What are those conditions? I don't know. If I had to guess, it would be that you are a family member. Not a family member based on the Artic...
Said (yet) another way Everyone agrees Zambrano carers are 'other persons'. (I would argue they are family members who fall within scope of Article 10, but that is another matter.) ARTICLE 18 SAYS - 'other persons' or Zambrano carers have the right to apply for a status that confers the residence r...
Zambrano Rights under the WA TITLE 1 ZAMBRANO RIGHTS + Article 9 allows for Zambrano carers to be considered a family member. - Article 10 takes Zambrano carers out of scope. It says Zambrano carers are not family members. It also fails to acknowledge the acquired rights of Zambrano carers. - Artic...
Checklist We know, based on what the Home Office says, that Zambrano carers have rights under Article 18 of the Withdrawal Agreement. Regarding the judge, you have the right - to challenge the legality of your refusal decision - for the judge to consider all the relevant facts and your circumstance...
Nothing to verify? This point is really important! If you bring Zambrano carers into the WA via Article 18, You say Article 18 is about verifying residence rights awarded under Title 2, You say Zambrano carers have no residence rights based on Title 2, Then, logically, that means there is nothing t...
Imaginary conversation between a judge and the Home Office Judge: Are Zambrano carers within scope of the Withdrawal Agreement? HO: Yes, in Part 2, Chapter 1, Title 2, Article 18. They are 'other persons'. Judge: What is the purpose of Article 18? HO: To explain key aspects of the verification proc...
Said again, simply Article 18 of the Withdrawal Agreement brings Zambrano carers into scope of the Agreement, vis-a-vis its references to 'other persons'. The stated purpose of Article 18 is to verify whether you are entitled to the residence rights defined in Title 2. The question becomes, what re...
Article 18(1)(a) of the WA & Article 21 TFEU 18(1)(a) the purpose of the application procedure shall be to verify whether the applicant is entitled to the residence rights set out in this Title. Where that is the case, the applicant shall have a right to be granted the residence status and the ...
Part 2, Chapter 1, Title 2 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840655/Agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union_and_the_European_Atomic_Energy_Community.pdf CHAPTER 1 AR...
Updating your skeleton argument / grounds If you submitted your bundle a long time ago, you probably want to update it. You may want to ask the Court for permission to add more submissions. You could point out the fact that the SSHD (Home Office) has made public statements since you submitted. Thes...
Article 18(1) and Zambrano carers https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/840655/Agreement_on_the_withdrawal_of_the_United_Kingdom_of_Great_Britain_and_Northern_Ireland_from_the_European_Union_and_the_European_Atomic_Energy_Community.pdf PART ...
Proportionality & Balancing Exercises When you ask the judge to consider your human rights, you are asking them to undertake a balancing exercise. They balance your request against society's best interests. In Celik, President Lane said this balancing exercise should not happen by judges. If yo...
A point about Home Office case law Let's say the Home Office talk about a case that supports their argument. What you may want to do, is read the case and see if the judge(s) did a human rights 'balancing exercise' before reaching their conclusion. If they did, you may want to argue that 1.) while ...
Hypocrisy, thy name is... When you are in court, don't be surprised if the Home Office argue that you have a responsibility to 'know the law'. They may say it is not the Secretary of State's responsibility to help you meet your legal obligations or to proactively work through your application. If t...
A point about forms Think about broader UK society, when you have to fill out forms. Under any circumstance, if you fill out the wrong form, you are generally given a second chance or given the benefit of the doubt. That government agency won't say, "You didn't fill X form out correctly, so yo...
The problem with UK case law If you look at the EEA Regulations, they deny outright Zambrano carers the right to permanent residence. The argument that persisted for over a decade, is that parents of British children were in the same category as au pairs or nannies. The right only lasted as long as...
Could Celik go to the CJEU? In the event someone like Celik loses at the Court of Appeal or the Supreme Court, could that person then apply to the European Court of Justice? If so, what happens to all the people who were refused settlement based on Celik and who have pending appeals? My understandi...
The argument that will never go away....general principles of EU law v national law Should the judges make EUSS decisions based ultimately on national law? There will always be case law to support an answer of 'yes', and case law to support no. I personally believe national law is the starting poin...
Discrimination How it happens 1.) Announce a law 2.) When talking to the press, give statements to suggest the policy will be nothing but fair 3.) When answering questions in the House of Commons / Lords, respond to say the policy will be nothing if not fair 4.) Refuse to do an impact assessment or...
The problem with the Celik case Hundreds (or thousands) of people were refused due to what President Lane said in Celik. It wasn't because they filed late applications. It wasn't necessarily because they didn't have a residence card under the EEA Regulations. Many were refused because President Lan...
Your witness statement Let's imagine in a perfect world that the judges begin again to consider human rights. Your witness statement (as opposed to your submissions or skeleton argument) may become quite important. Have you addressed all the relevant points, particularly if you are not appearing in...
