In a nutshell (again) Your application was rejected based on immigration rules that are unlawful. Your appeal may be refused because of the judge's reliance upon immigration rules are unlawful. The immigration rules violate the Citizens' Rights statutory instrument. The Citzens' Rights statutory in...
Mostyn J, Akinsaya, Upper Tribunal It is good to understand Mostyn J's point. Mostyn J essentially told the SSHD (Home Office) the following: "If you didn't want Zambrano carers with leave to remain under Appendix FM to participate in EUSS, you should have changed the statutory instrument (the...
In a nutshell The Citizens' Rights statutory instrument borrows from the 2016 EEA Regulations. If you look at the 2016 EEA Regulations, there is no special category called 'Zambrano carer'. It's just people with a derivative right to reside. But, if you look at Appendix EU, you see two things. One,...
The Heart of the Problem - Citizens' Rights v Appendix EU 1.) The Citizens' Rights statutory instrument says you are a Zambrano carer, but the Immigration Rules say you are NOT a Zambrano carer. Both are currently in force. Citizens' Rights is a continuation of the 2016 EEA Regulations. 2.) Appendi...
Human Rights & Celik & Metok A statutory instrument is a piece of secondary leglislation. Parliament does not vote on secondary legislation. A statutory instrument was created for the EU Settlement Scheme. It tells judges what people's rights are. The statutory instrument for the EUSS inclu...
3 Smoking Guns - Important!! 1. Breach of legitimate expectation Brandon Lewis, MP, the Deputy Minister for EU Exit said "The whole point of the settled status scheme is to ensure that nobody is left behind and all rights are properly protected." See page 213 of this thread for further de...
The Government Admits- No Impact Assessment No impact assessment = PROCEDURAL IMPROPRIETY! No impact assessment was done for The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 You can see the admission in the Explanatory Note. It is the last line. See - ...
Grounds: Procedural Impropriety - NO CLEAR GOALS Procedural impropriety occurs when the Home Office fails to take reasonable steps to understand the impact of its policies and immigration rule updates on the people most affected. The proof that procedural impropriety occurred, is the fact that the ...
Red Book Scams & Hostile Environment Did you ever wonder why Zambrano carers are treated with SO MUCH hostility? About 10 days ago, BBC published a documentary. Pregnant single mothers apparently pay British men to say they are the father of their unborn child. After 7 years, BBC have not cover...
Irrationality - Child's Age If the child of a Zambrano carer turns 18, the child is said to be able to reside in the UK without the parent. If a British child turns 18 under Appendix FM, the parent's status does not change. As long as the parent and child continue to share the same household, the p...
How old is your child? I don't actually want to know the answer. Based on the previous case, it seems the judges look at the age of your child ON THE DATE OF THE HEARING. I don't think that is right. But, better to be safe than sorry. If your youngest child is approaching 17 years old, you may want...
Analysis continued Moreover, if the mother had been a Zambrano carer for five years, she should have been entitled to permanent residence based on the ECJ case of E.K. The judges should have looked at the mother's status at the time she made the EUSS application, not at the time she went before the...
Analysis https://tribunalsdecisions.service.gov.uk/utiac/ea-06890-2021 If you are a litigant in person, you may want to practice your understanding of the rules to date: BACKGROUND The Appellant exercised her right of appeal pursuant to reg 3 of the Immigration (Citizens’ Rights Appeals) EU Exit Re...
An EEA or ECJ Zambrano carer versus a Home Office Zambrano carer A Zambrano carer according to the Home Office is someone who 1.) Does not have leave to remain under Appendix FM on 31 December 2020 2.) Does not hold leave to remain under Appendix FM on the date you make your application The Akinsay...
The Specified Date - 31 December 2020 Appendix EU defines a 'person with a Zambrano right to reside' as: a person who has satisfied the Secretary of State by evidence provided that they are (and for the relevant period have been) or (as the case may be) for the relevant period they were: (a) reside...
3 Questions - Continuous Period Answer these questions for the judge: 1.) What is the continuous period under the 2016 EEA Regulations? 2.) What is the first continuous period under Appendix EU? 3.) What is the second continuous period under Appendix EU? FOR EXAMPLE Under the 2016 EEA Regulations, ...
Grounds: Immigration Rules - Part 5 Zambrano carers are currently covered by the 2016 EEA Regulations. The EEA Regulations say Zambrano carers are not eligible for permanent residence. The European Court of Justice determined in the 2022 case of E.K. that Zambrano carers ARE ELIGIBLE for permanent ...
Grounds: Immigration Rules - Part 4 - Important!! In summary, There are two continuous qualifying periods. Period 1 is from 2013 to 2019. Period 2 is from 2021 to present. Our Zambrano carer can challenge the lawfulness of the immigration rules. - Rely on the Continuous Period from 2013 to 2019 - C...
Grounds: Immigration Rules - Part 3 The immigration rules are unlawful, irrational and discriminatory. But let's imagine for a moment they are lawful. (a) The continuous qualifying period would have been broken (using the example above) in 2019. - However, let's say we did not renew their Appendix ...
Grounds: Immigration Rules - Part 2 Let's say you became a Zambrano carer in 2013. Six years later, in 2019, you applied for leave to remain under Appendix FM. You met the conditions of Regualation 16 of the EEA Regulations for five years and did not have leave to remain under Appendix FM. You coul...
Grounds: Immigration Rules - Part 1 Let's say your refusal letter says something like this: We have considered whether vou meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU...
Hierarchy of Grounds Here are some grounds, ranked in order of my preference, only The appellant contends the refusal violates .... 1.) Ground 2 of the EUSS Appeals statutory instrument. (The details of this argument will be specific to you). 2.) The appellant's human rights under ECHR and HRA (thi...
@Tina87 Hi Tina, You may want to ask permission to resubmit your paper appeal. Perhaps you could rewrite it taking into account all of the latest points raised? Or, just make it easier for a judge to read? If I had to guess, it is possible they think your case is strong, but you didn't present all ...
Witness statement & Celik Let's assume Celik wins his appeal in July. Judges have to agree to take human rights into account on EUSS appeals. I hope you raised article 8 in your appeal. You can use your witness statement to explain why you deserve settlement. The judge will do a balancing exerc...
Irrationality Earlier, I said the SSHD or Home Office was irrational because they accept that Zambrano carers are still Zambrano carers while they await their appeals, yet refuse their Zambrano applications under different criteria. You can add further examples of the Government's irrational behavi...
