Miss-Suz wrote: ↑Mon Jun 14, 2021 11:05 am
Hi Snooky,
Could you please help me in the following?
I will prepare my EEA appeal file. I will of course use the template you posted here and arrange it according to my situation. But my question is, now there is a new case, The Akinsanya one. Which I would also like to use as one of my appeal grounds. How can I fit it into mine? As the Akinsanya case concerned whose who have LTR.
In other words how to use the Akinsanya judgement to support my case?
Is simple, within the skeleton argument, after where zambrano jurisprudence is argued, you can put "High Court Case - Akinsanya, then keep writing that the judge consider the recent case above and look into it the key information like the information below. So just insert the below
The High Court
R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules.
Now, Mostyn J has made two important findings.
First, a claim for a Zambrano derivative right of residence is not extinguished by the existence of a current limited right to remain and work awarded under national law. [Paragraph 24]
Second, Regulation 16 of the EEA Regulations 2016 (previously regulation 15A) explicitly prevented a person with indefinite leave to remain from having Zambrano rights to reside. There was nothing to state that those holding limited leave to remain would be so prevented, and reading it that way would equate to adding “words to a domestic statutory instrument which have the effect of stripping away rights from what may be a substantial cohort of applicants”.
Mr Mostyn went further to raise these points to by looking at the Home Office Guidance
1. Make a declaration that the Secretary of State erred in law when excluding those with leave to remain from the definition of Zambrano carers under Appendix EU. In other words, the current wording of Appendix EU is unlawful.
2. Make a declaration that the Home Office guidance on derivative rights of residence and on Zambrano carers under the Settlement Scheme specifically is “legally erroneous” insofar as it also excludes such people. The Home Office will need to amend them both.