When did we (as a society) become so cynical?
https://tribunalsdecisions.service.gov. ... 05622-2020
13. Regulations 16 and 20 are not listed in paragraph 6. It follows that they do not apply to the determination of an appeal after 31 December 2020. That is the case even if, immediately before that date, paragraphs 16 and 20 would have been relevant to the determination of the appeal. These provisions therefore have the effect that what might have been a good ground of an appeal based on the regulations in force at the time of an application, a decision, the launching of an appeal, or even during part of the progress of an appeal through the appellate system, cease to be provisions upon which reliance may be placed insofar as procedure on the appeal takes place after 31 December 2020.
14. Provisions to that effect seem at first sight to be surprising, and possibly unjust. After all, an appellant may not be able to control the speed at which an appeal does progress through the system; and the Secretary of State would appear to have power to deprive an appellant of a derivative residence card by appealing against a decision of the First-tier Tribunal in favour of an applicant, and so preventing the appeal from being finally determined before 31 December 2020.
15. The provisions do have that effect, but there is no injustice: because on that date the Zambrano entitlement ceased, so that even if a derivative residence card had been issued it would on that date cease to entitle its holder to remain in the United Kingdom; and no useful purpose would be served by allowing anybody to obtain a residence card by continuing an appeal after that date. Thus there is in fact no injustice in narrowing the rights or bases of an appeal during the progress of the appeal through the system. The provisions to which we have referred are simply part of the larger scheme of bringing the Zambrano rights, derived from EU law and not preserved by article 10 of the withdrawal agreement, to an end on IP completion day. Those whose rights of residence in the United Kingdom derived in EU law from their parental responsibility from a British citizen as a Union citizen can after that date no longer derive such a right from EU law. The British citizen child is not a citizen of the Union and the status of the child’s parents is governed by national law.
This judge is effectively saying, "too bad for you, Zambrano carer".
Cynicism aside, the judge doesn't even take into account
- Mostyn J's order in Akinsaya to delay the deadline or
- the Home Office's announcement to delay the deadline or
- Part 1 of the Withdrawal Agreement or
- the commitment to human rights in the Political Declaration or
- the fact that anyone can still make a late application.
