IST wrote: ↑Fri Feb 14, 2020 6:28 pm
snooky wrote: ↑Fri Feb 14, 2020 12:47 pm
mubashir1981 wrote: ↑Fri Feb 14, 2020 3:23 am
Hi every one
We have new update zambrano guidance under eu settlement scheme its version 3. I have not read it yet. But can see patel vs ssd still there. No update for supream court ruling.
Mubashir
I have read this V3 Zambrano EU Settlement Scheme DR guidance and it is really sad to say that Home Office still upholds the DECEPTIVE Zambrano interpretations
They have made so many good tweaks but not updated the Patel vs SSHD to Supreme Court Ruling but still Court of Appeals outdated ruling of 2017
From my understanding, henceforth Zambrano would be determined by the courts rather than Home Office.
The only good thing about it is that on page 22 the bottom bit clearly states that if someone with leave to remain is going to be refused and had only 28 days or less on the visa then the caseworker should be consider Zambrano and its compelling requirements to safeguard the Union Minor Citizen.
This wording is a partial interpretation of 2019 Patel vs SSHD Ruling
Then now also stating in the guidance with this useless GRAMMER any LEAVE under Domestic UK Immigration must be refused
In a null shell, this Zambrano Guidance V3 published on 13 February 2020 is totally INCOMPATIBLE to Zambrano Ruling C34/09 and Article 20 of TFEU
The courts is now peoples mercy in Zambrano EU Settlement Scheme and Zambrano EEA applications
Hi Snooky
I do not think is a good think on page 22, I think is a bad new for people with current LTR they will refuse. We don’t have any chances is pointless been waiting for decision over four months and we know what to expect.
I think this is very bad news
Mubashir
I understand your grieve but trust the UK courts, they are not there for Departmental Guidance.
They are the to uphold the LAW.
No one should be in dread or fear. For Guidances are not law. U remember when I was going Court my barrister and solicitor were saying the chanceas were slim.
But I said to them Home Office guidance isnt a law and the guidance was incompatible with my case and Zambrano cases so we should go. I did a lot of of debate and explanations myself and my barrister was really shocked.
What Home Office doing is get some thousands for Zambrano not millions
Mubashir, as far as Patel vs SSHD went to Supreme Court and is the final Court for abritration, Home Office is a goner. Home Office is lost in transit.
Please be positive and dont let the guidance way you down
If you read the guidance well, Home Office quotes and unquotes criteria of laws from 16(1) to 16(8) of the EEA derivative regulations but when it comes to their domestic stuff there isnt a criterian because they (inserted) these shenanigans.
The should be adhere to and must be followed.
That's Why parliament has granted eu settlement scheme users First-tier Tribunal, administrative Review and judicial review.
Dont panick