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High Court rules that exclusion of Zambrano carers with limited leave to remain from EU Settlement Scheme is unlawful

Ros
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Judgment in Akinsanya, R (On the Application Of) v Secretary of State for the Home Department handed down today -

https://www.bailii.org/ew/cases/EWHC/Admin/2021/1535.html

 

Elliot Kent
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I saw this earlier and my first thought was that it may have relevance to the perennial “jobseeker v derivative rights” argument although I have not had a proper look yet.

https://www.rightsnet.org.uk/forums/viewthread/14289

Stuart
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Hackney Law Centre confirms that the Home Secretary’s appeal against the decision is in the Court of Appeal today -

... our @BeyaRivers and @JOgilvieHarris are in the Court of Appeal with @SimonFRCox and @MikeSpencerLaw
of @DoughtyStPublic / @DoughtyStImm defending the rights of primary carers of British children (Zambrano Carers) to apply for the EU Settlement Scheme.

https://twitter.com/HackneyLawCentr/status/1467899800536469506

for more on the case see Zambrano carers and the EUSS Scheme from hclc.org.uk

Stuart
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Hackney Law Centre welcomes Court of Appeal’s new judgment -

The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’).  The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers.  This could have a positive impact on thousands of parents of British citizen children in the UK.

 

 

Daphne
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Some new guidance following the Akinsanya judgment -

EU Settlement Scheme: Zambrano primary carers

Edit: also added a letter from Home Secretary Priti Patel to Chair of the Home Affairs Select Committee Diane Johnson on impact of the Court of Appeal ruling on certain Zambrano carers.

[ Edited: 20 Jun 2022 at 02:56 pm by Stuart ]