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Government to grant appeal rights for EEA extended family members refused a residence card

Date of Publication: 
14 January 2019

Garden Court Chambers says Secretary of State today invited claimant in test case to withdraw judicial review

Government to grant appeal rights for EEA extended family members refused a residence card

14 January 2019

Garden Court Chambers reported today that the Government is set to amend the Immigration (European Economic Area) Regulations 2016 and introduce appeal rights for extended family members of EEA nationals who have been refused a residence card.

According to Garden Court Chambers, a test case challenging the legality of the 2016 EEA Regulations was due to be heard this May, but the Secretary of State today invited the claimant to withdraw his judicial review. The Secretary of State said he intends to lay legislation 'as soon as reasonably practicable' to introduce appeal rights after the claimant argued that the Regulations unlawfully prevented an appeal from an extended family member who had been refused a residence card under EU law.

Garden Court Chambers says representatives in cases that are stayed pending the test case can now request that the Secretary of State's decisions in those cases are similarly withdrawn.

The claimant in the test case is represented by Garden Court's Grace Brown, and Brown authored an article on Free Movement here with more information on the case.

Brown says the claimant was refused a residence card over 18 months ago and today's important statement by the Secretary of State is the first indication that he will be able to appeal that refusal to the First-tier Tribunal.

According to Brown, the Court of Justice of the European Union's July 2018 ruling in the case of Banger (C-89/17) was the crucial turning point leading to the Secretary of State decision to introduce appeal rights.