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John
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 Posted: Fri Nov 28, 2008 8:54 pm Post subject: Important Judgement : EEA Family Permits |
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Following on from the judgement in the Metock case by the ECJ, we now have this judgement handed down at the AIT.
Clearly Senior Immigration Judge Spencer has been doing his homework.
The case is remarkable because not only was the applicant for the EEA Family Permit not present (obviously because they were not in the UK), but neither was the sponsor, and they were not represented. Nevertheless they still won the appeal!
A black day indeed for Mr M Blundell, the Home Office presenting officer!
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Frontier Mole
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| Posted: Fri Nov 28, 2008 9:58 pm Post subject: |
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Do not get too excited it is not a starred case so can not be used in future appeals.
Mr B was not fussed one way or another actually! SIJ "S" is not a friend of UKBA he is another Ockelton type. If he can talk to over the rules he will go out his way to do so.
Win most, lose some  |
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John
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| Posted: Fri Nov 28, 2008 10:10 pm Post subject: |
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| Quote: | | Do not get too excited it is not a starred case so can not be used in future appeals. |
OK, but now those presenting similar cases know exactly the arguments to put forward.
| Quote: | | Mr B was not fussed one way or another actually |
But there cannot be many cases that are lost when the other side does not turn up and is not represented. That is surely an unusual circumstance.
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Frontier Mole
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| Posted: Fri Nov 28, 2008 10:19 pm Post subject: |
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It does not happen on a regular basis but it does happen.
As for Metock in this case, although featured it was not the main point. UKBA lost it on the application of a minimum earnings criteria that we tried to impose on an EEA national. That was the main no no.
We then tried to spin it on the "living in another EEA state" as well thats why Metock gets the mention.
There are far worse Metock cases out there - check out other SIJ Spencer determinations, we get bigger kickings than the one here! |
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vinny
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| Posted: Tue Dec 02, 2008 1:10 pm Post subject: |
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| AIT Practice Directions (consolidated version as at 30 April 2007) wrote: | 17. Reporting and citation of determinations
17.1 The decision whether to report a case is that of the Tribunal and is not perceived to be an issue in which the parties to the appeal have an interest.
17.2 A determination is reportable if and only if it follows a hearing or other consideration where the jurisdiction of the Tribunal was exercised by the President, a Deputy President or a senior immigration judge (whether sitting alone or with another member or members). |
Wonder why this case was 'unreported'?
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vinny
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| Posted: Wed Dec 17, 2008 11:44 pm Post subject: |
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John
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| Posted: Thu Dec 18, 2008 9:07 am Post subject: |
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Vinny, great you spotted that. But have you spotted any differences, compared to the previous version? I cannot spot anything.
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vinny
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| Posted: Thu Dec 18, 2008 10:51 am Post subject: |
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One difference is that the previous version included the definition of lawful residence and its requirement, with respect to 12(1)( b )(ii) and the Immigration Rules: | Quote: | If the application is made from outside the EEA:
* Under Regulation 12(1)( b )(ii), if the applicant cannot demonstrate lawful residence in an EEA Member State (includes those applying from outside the EEA), they also meet the requirements of the relevant Immigration Rules for leave to enter the UK as the family member of the EEA national where the EEA national is a person present and settled in the UK, in order to qualify for an EEA Family Permit. This would include refusal considerations on general grounds under Paragraph 320. If they satisfied the Rules, they must be issued with an EEA Family Permit free of charge. |
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John
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| Posted: Thu Dec 18, 2008 10:58 am Post subject: |
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Vinny, that is great that you have spotted the difference! It is very difficult to spot something that is no longer there!
Metock is starting to make a difference!
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eufreemovement
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| Posted: Thu Dec 18, 2008 2:45 pm Post subject: |
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| John wrote: | Vinny, that is great that you have spotted the difference! It is very difficult to spot something that is no longer there!
Metock is starting to make a difference! |
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/
Chapter 3 - Issue of an EEA Family Permit - This chapter has been temporarily withdrawn. |
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isceon
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| Posted: Thu Dec 18, 2008 7:28 pm Post subject: |
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European law in force another victory. |
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thsths
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| Posted: Fri Dec 19, 2008 9:10 am Post subject: |
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| eufreemovement wrote: | http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/
Chapter 3 - Issue of an EEA Family Permit - This chapter has been temporarily withdrawn. |
Is it just me, or is the UKBA withdrawing more and more procedures? The 14 years concession, the 7 year child concession, now the EEA Family Permit. And on which basis are the applications handled when there are no guidelines? If all the caseworkers were experienced lawyers, they could probably go by the legal situation and applicable case law, but somehow I doubt that. |
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Richard66
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| Posted: Fri Dec 19, 2008 3:58 pm Post subject: |
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They stop the car and call base and ask for instructions. Whenever I challenged them about the EEA FP nonsese that is what they did in Rome.
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Aiming at travelling to the UK with my wife and not with an EEA FP! |
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vinny
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John
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| Posted: Sun Dec 21, 2008 1:06 pm Post subject: |
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Vinny the link strikes again! Vinny I don't know how you find all these links but keep up the good work!
This link in particular is extremely useful. Well worth a read!
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charles4u
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| Posted: Tue Dec 23, 2008 9:23 am Post subject: |
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I dont still believe the EEA family permit will be totally scrapped out, they will only make some ammendments.
But we shall see...
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vinny
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| Posted: Tue Dec 23, 2008 10:43 am Post subject: |
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| Frontier Mole wrote: | I see a re-write of the UK EEA regs. which may not be a bad thing.
The EU law is busting great chunks out of the the regs. so why try and fix a sinking ship when they can build a new one that has a better chance of staying afloat.
Can't see the UK totally buying into free movement, there are just to many scare factors for the Gov to deal with. |
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charles4u
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| Posted: Tue Dec 23, 2008 4:56 pm Post subject: |
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| vinny wrote: |
| Frontier Mole wrote: |
Can't see the UK totally buying into free movement, there are just to many scare factors for the Gov to deal with. |
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Exactly...
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charles4u
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eufreemovement
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| Posted: Wed Dec 24, 2008 4:01 pm Post subject: |
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The amendment is not what the EU law says. Still they are applying Immigration Rules especially for other family members, where there is no such basis in the community law. Soon the EU law will force to change the illegality of HO procedures and Laws. |
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