lolwe wrote: ↑Thu Dec 31, 2020 12:10 pm
Application for a GLO -
Your thoughts? Anything to add?
2.) The number and nature of claims already issued.
a.) Since the Scheme opened in August 2018, SSHD issued over two thousand blanket refusals to Zambrano carers. Anecdotal evidence suggests few refusals were overturned during Administrative Review.
b.) By 30 June 2020, SSHD concluded 1260 applications by Zambrano carers, rejecting 770 Zambrano applications or 61%. Among all groups, 16,630 applications were refused by 30 September 2020. By November, the overall rejection figure rose to 29,000. Refusal rates are trending upwards in a steep fashion.
c.) Zambrano carers are left with one of three choices: a) leave the UK when their protection ends; b) apply or remain under Appendix FM; or, c.) challenge the refusal in Court. Some carers will choose Appendix FM. Many Zambrano carers can not afford the fees ranging in the thousands for Appendix FM, nor do they qualify for a fee waiver. Moreover, a significant number of Zambrano carers have experience challenging refusals to their derivative residence card applications in the First Tier Tribunal. Consequently, hundreds (if not thousands) are almost certain to file claims in the First Tier Tribunal challenging their refusal before the Scheme closes. The alternative is too harsh.
d.) The claims will for an appealable decision dated after 6 April 2015. The nature of the claims regards a decision to refuse their stay under the EU Settlement Scheme. Home Office refusal letters, or templates, can be summarised as a refusal due to the applicant a.) not having applied for leave to remain under Appendix FM; b.) currently holding leave to remain under Appendix FM; and c.) declining to extend or renew their leave to remain under Appendix FM.
Maybe this might need rewording but what do you all thing of this statement.
Home office (SSHD) is flawed in there approach towards Zambrano carers, they asked in appendix EU (settlement scheme) for an applicant to be without leave then goes on to refuse those group of Zambrano carers for having leave and those without leave at all besides being a Zambrano carer.
There should be a record held of Zambrano carers that was granted leave under settlement scheme while holding appendix FM and similarly should be a record of those who was granted leave without holding appendix FM at all, with that said in is in the interest of justice and the public for the respondent to justify this issue.
The respondent displays disregard for EEA Regulations 2016 including any amendments, the respondent contradic the settlement scheme requirements for Zambrano carers.
The respondent apears to be unable to point in an area of law which would justify this view they hold towards Zambrano carers that meets the actual requirements