Hi everyone,hapacan wrote: ↑Sun Sep 06, 2020 8:05 amFour potential grounds to base an appeal against a Home Office / SSHD EU Settlement Scheme refusal?
The law of legitimate expectation is a move away from the standard grounds on which to challenge Home Office decisions.the Secretary of State should have considered, and failed to consider, exercising her general discretion to grant indefinite leave to remain outside the Immigration Rules
the provision (or the decision based on that provision) is contrary to the terms of the UK’s Withdrawal Agreement
the provision of Appendix EU which provides for mandatory refusal of a former Zambrano carer on grounds that s/he has limited leave to remain on some other basis is unlawful (because it is more restrictive than the previous provision under the Immigration (EEA) Regulations 2016
a decision to refuse to grant settlement is in breach of a Zambrano carer's legitimate expectation
A legitimate expectation claim is based on the assumption that, where the SSHD states that it will or will not do something, a person who has reasonably relied on that statement should be entitled to enforce it; if necessary, through the courts.
The Home Office stated publicly after Brexit that provision would be made for Zambrano carers. Forcing Zambrano carers to reapply and risk being refused under Appendix FM (or similar) is not meeting their promise.
For a legitimate expectation to arise, the public body's statement must be clear, unambiguous and without qualification. Interference with legitimate expectations may be justified on public policy grounds.
I know things have been awkward on this platform for a while. I would implore everyone to respect other's opinion and mind the way we response to any post on this platform. I believe we are all here for help or to assist others, please don't forget the purpose of this platform. Together we can all achieve our goal with love and kindness even without seeing each other. Kindness always finds its way of repaying one, lets us be wise.
Sorry for my sermon, just thought it will be nice to say something about that.
Please can someone explain the above post.
Thanks.