marcidevpal wrote: ↑Thu Jul 13, 2023 10:23 am
[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Today's Date]
The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]
Dear Honourable Judge,
RE: REQUEST FOR PERMISSION TO APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME
I am writing to respectfully request permission to appeal the decision made by the First-tier Tribunal regarding my application for settlement under the EU Settlement Scheme. I maintain that the Tribunal erred in law by failing to fully consider significant aspects of my case, which I will elaborate upon in this letter.
My contention is that the Tribunal did not adequately consider my submissions when rendering its decision. Despite supplying ample evidence and arguments rooted in applicable laws and precedents, it appears that these essential elements were overlooked during the decision-making process. This failure to consider all pertinent evidence and submissions contradicts the principles of natural justice and provides grounds for an appeal.
The judge noted, "The Appellant’s claim is made as a Zambrano carer seeking reliance under Appendix EU of the Rules and section 55 of Borders Citizenship and Immigration Act 2009 (Section 55) and further article 3 of the UN Convention of the Rights of the Child." However, my claim is primarily based on the Withdrawal Agreement, not Appendix EU, Section 55, or Article 3. It raises three central issues:
Was I a retained family member of an EEA national who had acquired the right to permanent residence at the time of my application?
Was I a Zambrano carer under the EEA Regulations who had acquired the right to permanent residence at the time of my application?
Does the respondent's refusal interfere with my human rights under the Human Rights Act 1998 and/or the European Convention on the Protection of Human Rights?
I find the discrepancy between my submissions and the judge's summary of my claim alarming, leading me to respectfully question whether the judge might have referred to the wrong bundle. On DD/MM/YYYY at [insert time], I submitted my appeal bundle via email to [insert email address] and forwarded the same to the Home Office on DD/MM/YYYY at [insert time]. This bundle, which I am ready to resend if necessary, included a detailed argument (or ASA), which outlined four key submissions around the categories of Zambrano carers, EU family members, and human rights.
In relation to Zambrano carers, my appeal was reviewed without acknowledging the pending case of Akinsanya v Secretary of State for the Home Department. This case, remarkably similar to mine, can significantly influence the interpretation and application of the law concerning the EU Settlement Scheme. The Tribunal's decision to proceed without waiting for this case's resolution could amount to a procedural irregularity affecting the decision's legality and fairness. Moreover, as Zambrano carers are included in the "and others" clauses of the Withdrawal Agreement (WA), we should be entitled to its protections.
As an EU family member of an EU national with retained rights, I fall within the scope of Article 10 of the Withdrawal Agreement. As such, I am entitled to all the protections that Title 2 confers. This point is of significant importance because the courts have traditionally not extended these rights to Zambrano carers, and the judge in my case has also only examined my application under the perspective of a Zambrano carer.
Further, as stated in Article 4(1) and Article 4(2) of the Withdrawal Agreement, these provisions should bear the same legal effects as they would within the Union and its Member States. As a result, Appendix EU must align with the terms laid out in the Withdrawal Agreement. It is important to note that the judge failed to address this aspect during the decision-making process.
In addition, Article 18(1)(o) stipulates that the Home Office has the duty to assist applicants in proving their eligibility and avoiding any errors or omissions in their applications. Despite this clear directive, the Home Office did not contact me to help me apply to the EU Settlement Scheme as a family member of an EU national, but instead treated me as a Zambrano carer. This provision emphatically states that the authorities "shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions."
Finally, Article 18(1)(r) ensures my right to judicial and administrative redress against any decision refusing to grant residence status. This includes an examination of the legality of the decision and the consideration of all relevant facts and circumstances. Again, this aspect was not considered during the decision-making process, and I believe this forms a significant ground for my appeal.
Regarding human rights, my case echoes the arguments presented in Celik v SSHD, a case that is still awaiting a ruling by the Court of Appeal. Regardless, the Withdrawal Agreement mandates the UK to ensure that redress procedures confirm that any such decision is not disproportionate.
Given the weight of these points, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. I am confident that my case presents substantial legal grounds and evidence that will demonstrate the merit of my claim, and provide for a just resolution.
I am fully cognizant that granting permission to appeal is a serious matter and not one that is taken lightly. However, I am convinced that my case offers a real prospect of success at the Upper Tribunal, especially if these issues are comprehensively examined and considered in light of any decisions reached in the Akinsanya and Celik cases.
Therefore, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. This is not only crucial for ensuring fairness and justice in my particular case but also for upholding the integrity and transparency of the Tribunal process.
I eagerly await your favourable consideration of my appeal request and stand ready to provide any further information or clarification you may require.
Yours faithfully,
[Your Name]