HOME Office concede on Appeal rights for Extended family members

[Obie]

The Home Office has conceded at the Upper Tribunal, that it is arguable that in as far as the EEA regulation 2016 refuse and continue to refuse right of appeal to Extended Family members, the EEA Regulation has failed to give effect to the EU law. The Home Office accepts that Permission to apply for Judicial Review must be granted in the case.

The question is, why can they not simply amend the damn regulation to make it compatible with EU law.

Extended family member who have been refused rights of appeal, must lodge an application for permission to apply for JR on that basis.

https://www.gardencourtchambers.co.uk/s ... lations-2/

[eubritish]

The Home Office has conceded at the Upper Tribunal, that it is arguable that in as far as the EEA regulation 2016 refuse and continue to refuse right of appeal to Extended Family members, the EEA Regulation has failed to give effect to the EU law. The Home Office accepts that Permission to apply for Judicial Review must be granted in the case.

The question is, why can they not simply amend the damn regulation to make it compatible with EU law.

Extended family member who have been refused rights of appeal, must lodge an application for permission to apply for JR on that basis.

https://www.gardencourtchambers.co.uk/s ... lations-2/

I am not sure I understand. Its not the Home Office that decides if appeal/judicial review is allowed or not, it should be the EEA regulations that decide.

In the first refusal of my dependent sister for EEA Family Permit, they sent me the appeal form and mentioned on the refusal letter that I could appeal even though I knew there was no appeal.

As for Judicial Review, I thought you have to the court to ask for it, regardless of what Home Office says.

Or am I missing something?

[Obie]

Well the challenge is the failure of the regulation to provide a right of appeal for Extended family member. By regulation, i mean the 2016 regulations , as the issue of the 2006 has been resolved by the supreme court and the court of appeal.

In this case, the Home Office accepted an a JR renewal hearing that the regulation is arguably unlawful and in breach of Directive 2004/38EC, such that permission should be granted to mount a challenge against it.

If the challenge succeeds then a person may be able to lodge an appeal, notwithstanding the language of the regulation.

[vinny]

The question is, why can they not simply amend the damn regulation to make it compatible with EU law.

That would be the sensible approach! They should have been at least as quick as before?

[gurutheone]

Hi All

Is this relevant for cases been refused in the past and never had JR or appeal rights?

[Obie]

Well it is official now. From the 28-03-2019, appeal rights will be applied to Extended family member.

One can only hope we do not crash out.

http://www.legislation.gov.uk/uksi/2019 ... ion/3/made