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...
Third time's a charm... My previous reference numbers were wrong. I really wish they had done a table of contents. Anyway, it should have said: Part 1 Common Provisions says the Withdrawal Agreement applies to everyone covered under EU laws. Part 2, Title 1 Citizen's Rights says the Withdrawal Agre...
Celik's appeal Hi Sara, I am not sure what will happen. People under the family permit scheme had a responsibility to apply for and receive a valid residence permit. (Zambrano carers do not have the same requirement). What if you apply for the residence permit, but you fill out the form incorrectly...
Further ideas Celik had argued that the Home Office was being unreasonable by not allowing him to apply (or re-apply) for a residence card after the 31st December 2020 deadline. If the UK Courts agree that the Home Office was unreasonable, Zambrano carers can argue something similar. For example, y...
WA Drafting errors - 'Family Members' See - 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...
I said it wrong... (I keep saying Title 1 versus Title 2 when its Title 1, Part 1 versus Title 1, Part 2). Title 1, Part 1 includes applies to everyone, including Zambrano carers Title 1, Part 2 excludes Zambrano carers and extended family members Title 2, Chapter 1, Articles 13, 15, 16, and 17 hav...
For the record...Withdrawal Agreement Many many years ago, when the Withdrawal Agreement was first published, I said two things: 1.) The WA contradicts itself and has errors 2.) Zambrano carers are covered under it Here we are, seven years later, and people are saying the Withdrawal Agreement has '...
Potential Contacts a.) Make a complaint - https://www.ukvi-complaints.homeoffice.gov.uk/reason b.) Contact your local MP - https://members.parliament.uk/FindYourMP c.) Pre-action letter - UKVIJudicialReview@homeoffice.gov.uk d.) Independent Monitoring Authority - https://ima-citizensrights.org.uk/r...
Good day house pls I have a delay in reply issue from UKVI administrative review. I applied for AR on the 13th of April, 2023 and till now no reply and my CoS has expired and still no reply from them . I have mailed and called all to no avail pls I need help Hi Chima, You raise two (separate) issue...
Hasanaj v SSHD (Court of Appeal) The issue: Does an entry stamp under The Regulations prior to the relevant date fall within the definition of relevant document or otherwise for the purposes of the EUSS? The Court of Appeal granted Hasanaj permission to appeal 'in a case of wider public significanc...
Interventions - Court of Appeal (Things are heating up!) Here for Good and the AIRE Centre have been granted permission to jointly intervene in the Court of Appeal case Celik v The Secretary of State for Home Department (CA-2022-002008). Here for Good and the AIRE Centre will jointly make oral and ...
Retained EU Law (Revocation and Reform) Act 2023 The Retained EU Law (Revocation and Reform) Act 2023 will revoke certain retained EU law. The following Regulation will be revoked - in its entirety - on 31 December 2023: Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive me...
Secondary Legislation Scrutiny Committee (House of Lords) The House of Lords can ask the Home Office why they don't create impact assessments or why (bad) secondary legislation is approved. For example, on 11th May 2023, the Lords asked the Home Office about the following: - the Home Office’s failu...
Lord Kinnoull, Chair of the European Affairs Committee https://committees.parliament.uk/publications/38984/documents/191654/default/ On 18 January 2023, Lord Kinnoull wrote to the Secretary of State at the Foreign, Commonwealth and Development Office. If you received pre-settled status, you may fin...
Happy Friday NAD, Glad to see you are keeping your spirits high. Thank you for the acknowledgement. It's so hard to get a sense of what is happening. One can feel they are being individually targeted by the Home Office. Everyone's contribution on this platform shows the patterns. The UK media will ...
Permission to Appeal, Court of Appeal The High Court had backed the government's Rwanda policy at an earlier hearing. In December, the High Court decided that the plan did not breach the UN's Refugee Convention. In January, some of the parties were granted permission to appeal against elements of t...
"After a waiting period of 10 days, totalling 115 days from the original communication, I received a response from the court, which explicitly stated that they had no record of permission to appeal." Hi NAD, I thought they wrote to say they did have a record of an application for permissi...
Said again, simply Impact assessments are meant to stop the government from introducing cruel, inhumane rules and laws. The assessment looks at the IMPACT the proposed rule change would have on people, particularly the most vulnerable or marginalised. When an impact assessment is not done, or ignor...
Impact Assessments, Procedural Impropriety & Celik Over 90% of Zambrano carers were refused under EUSS. The government is supposed to do impact assessments to bring attention to how particular groups can be negatively impact by new legislation. They are supposed to explain why it is in the publ...
Refused EUSS because you "could have" applied for Appendix FM? Hackney Law Centre offers the following argument for your admin review or appeal application: Potential grounds of challenge to the revised December 2022 Guidance: Challenge to the lawfulness of the revised Guidance, on the ba...
Regarding your point about the Court taking so long to confirm the Home Office had applied for permission to appeal.....
I suspect the Court just sat on the permission to appeal because they knew it would be better for everyone to wait for Celik. I wouldn't take it too personally.
HO refused my application....they said if I had applied for Appendix FM before 31 December I would have succeeded...even though they accepted that during the specified date I did not have leave to remain under any route. Hey, You seem to have such a strong case!! Moreover, it seems the new Akinsany...
Celik & the Supreme Court?? Celik's case before the Court of Appeal is on 4th July 2023. Many, many people (perhaps thousands) are relying on this case. Not just Zambrano carers. The Court's arguments in their decision will be scrutinised heavily. I don't know who is paying Celik's fees, but it...
Hi NAD, I am really sorry about the new appeal. It sounds like the court made a mistake. Your main goal at this point is perhaps to find out if the permission was successful at either the First-tier Tribunal or Upper Tribunal. Then, try to find out what the HO's grounds were. The grounds would be t...
Hey Premo, Can you please summarise the refusal reasons in the letter the Home Office sent you? I don't think you should take any action until you see their skeleton argument. I agree that if you apply for Appendix FM they will try to use it against you - eventhough the Court of Appeal's decision i...
