Summary - UT President Dove (Edinburgh) 1.) He accepts some Zambrano carers can qualify for EUSS, but doesn't explain how or why they should be so lucky. 2.) He accepts that derivative card applications filed before December 2020 are valid after December 2020. He does not accept that you have the r...
President Dove & Regulations 16 and 20 Per Dove, 12. ...There are no provisions continuing, even for the purposes of a pending appeal, regulations in the 2016 Regulations that are not listed in paragraph 6. Paragraph 6 = Specified provisions of the EEA Regulations 2016. People with a derivative...
UT President DOVE & Discrimination In James, UT President Dove says the following: 11.... Broadly speaking, the effect of the Zambrano line of cases came to a halt on 31 December 2020. 12. Those affected might, if appropriate, be able to obtain leave under the European Settlement Scheme; or mig...
@Askme's Win Askme had leave to remain under Appendix FM. Askme then sought recognition as a Zambrano carer. - In Akinsaya, Lord Justice Underhill of the Court of Appeal said a Zambrano right can't arise if one already has leave to remain under Appendix FM. - In James, Upper Tribunal (Edinburgh) Pr...
Hi @Askme, You have two judges. The judge on your derivative residence card made a finding of fact. The finding of fact is that you are a Zambrano carer. The judge on your EUSS appeal has yet to make a decision. if the judge on your EUSS appeal does not make a finding of fact on your EUSS appeal, t...
SSHD v James https://tribunalsdecisions.service.gov.uk/utiac/ea-05622-2020 Before THE HONOURABLE MR JUSTICE DOVE, PRESIDENT, MR C M G OCKELTON, VICE PRESIDENT Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and JAMES Respondent The respondent, whom we shall call “the claimant”, is ...
@Askme's Judge & EEA Regulation 16 - Derivative Residence Askme's judge said the following: regulation 16 is not preserved by the transitional arrangements which now apply Regulation 16 paragraph 5 directly applies to Zambrano carers. Regulation 16, Part 2 EEA Rights the 2016 of the EEA Regulat...
EU Treaties for Zambrano carers (and more) @Askme's judge said Zambrano carers can continue to rely on the EU treaties. Article 20 TFEU is the main one to know. Below are all of the treaties and international law identified by the ECJ in the case of Mr Ruiz Zambrano - Legal framework - Relevant EU ...
Thoughts on @Askme's case 1.) The Home Office will argue the EEA Regulations are not relevant today. You should have a counter argument ready. 2.) The Home Office will introduce case law and misinterpret it. Make sure you read the cases the Home Office relies on. The judge may have said the complet...
@Askme234 wins Derivative Residence Appeal!!!! Congratulations, A! Well done. Getting derivative residence in 2023 is an amazing accomplishment! Thank you, also, for sharing what the judge said. ================================= The first thing you should do is share the appeal with the court admin...
Why copying and pasting Grounds is dangerous Imagine you copied and pasted HCLC's grounds into your skeleton argument under the submissions section. The Home Office would have argued, the EEA Regulations are no longer in force. Therefore, the first 2 grounds are not relevant. Unless you knew about ...
Mostyn J & Saving https://www.legislation.gov.uk/uksi/2020/1309/contents/made Mostyn J didn't just talk about the Citizens' Rights (Entry & Residence) statutory instrument. He mentioned another important one - The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Conse...
Are Zambrano carers covered by Part 2 of the Withdrawal Agreement? Ground 1 of the EUSS Appeals statutory instrument says an appeal can only be brought if the decision violates Part 2 of the Withdrawal Agreement. Part 2 of the Withdrawal Agreement covers people who are protected under Directive 200...
REFERENCES Withdrawal Agreement and Political Declaration https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration The Immigration (European Economic Area) Regulations 2016 (No.1052) https://www.legislation.gov.uk/uksi/2016/1052/made The Immigration (Citizens’ R...
Grounds - Irrationality I forgot to share my understanding of irrationality in the above post. If you did not make an application your Zambrano status simply expired. If you did make an EUSS application, your rights under the Citizens' Rights statutory instrument kicked in. That EUSS application wi...
Grounds - Irrationality & Misdirection of Law Judge Mostyn of the Upper Tribunal said in Akinsaya that Zambrano carers' rights are protected by the Citizens' Rights regulation. Judge Mostyn and Lord Justice Underhill of the Court of Appeal said in Akinsaya that Zambrano carers can have leave to...
Top lawyers versus Average lawyers A top lawyer will look at all of the statutory instruments related to your application including but not limited to the Citizens' Rights statutory instrument. An average lawyer will probably only look at - Appendix EU of the Immigration Rules - The EUSS Appeals st...
Will they remove Zambrano Carers from the Citizens' Rights Regulations, anyway? I don't think they can change the concept of a person with a derivative right to reside without violating the spirit of Article 20 TFEU and, by extension, the Withdrawal Agreement. Let's imagine the Home Office decide t...
Chen and Teixiera Carers to the Rescue The UK decided to sunset or retire the 2016 EEA Regulations. They knew they had to replace it with a Citizens' Rights document. When they looked at the 2016 EEA Regulations, there was no category just for Zambrano carers. There was just a category for derivati...
The Lucky Ones, continued I could never understand how the Home Office could approve some Zambrano carers who had leave to remain under Appendix FM. Based on what Appendix EU says, every Zambrano carer who had Appendix FM should have been refused. I think I understand why now. The Citizen's Rights ...
Citizens' Rights = The Lucky Ones? I used to talk a lot about lucky ones. Now, I think the people who were lucky are the people who talked about their rights under the Citizen's Rights statutory instrument. The unlucky ones would possibly then be those who complained about Appendix EU, but didn't h...
REFERENCES The Immigration (European Economic Area) Regulations 2016 https://www.legislation.gov.uk/uksi/2016/1052/made The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 https://www.legislation.gov.uk/uksi/2020/61/contents/made The Citizens’ Rights (Restrictions of Rights of Ent...
Are EUSS Appeals Even Worth It? The EUSS Appeals document (statutory instrument) gives two possible grounds for appeal for Zambrano carers: Ground 1 says the refusal goes against Part 2 of the Withdrawal Agreement. Part 2 does not apply to Zambrano carers. Just Part 1. Ground 2 says the refusal goe...
HCLC Grounds for Appeal In April 2023, HCLC offered the following grounds for EUSS appeals: SSHD acted irrationally and/or on the basis of a misdirection of law by basing her Decision to Maintain Paragraph (a)(iv) of the definition of a person with a Zambrano right to reside in Appendix EU on the r...
