Ngoo wrote: ↑
Tue Feb 11, 2020 9:20 pm
Thanks for your response.
Reason why your application has been refused:
Your application has been considered under regulations 16(5), 16(8) and 20(1) of the immigration (European Economic Area) Regulations 2016 as amended.
You have a right of appeal against this decision under regulation 36 of the 2016 Regulations.
We are separated. When my son was 7yrs , I claimed asylum in 2012 and it was refused, but the HO granted myself and my kids 10yrs route discretionary leave to remain.
Thanks for your reply. After carefully considered your refusal, I believe Home Office is totally wrong and your appeal would succeed.
This is regulations 16(8) which is incompatible to the new Patel vs SSHD and Home Office refused to change their guidance
(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person.
In this context, Home Office failed to apply the New Patel vs SSHD(Shah ruling ) of 16 December 2019.
On Regulations 16(5) You succeeded
(5) The criteria in this paragraph are that—
(a)the person is the primary carer of a British citizen (“BC”);
(b)BC is residing in the United Kingdom; and
(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.
Regulations 20(1) reads
20.—(1) The Secretary of State must issue a person with a derivative residence card on application and on production of—
(a)a valid national identity card issued by an EEA State or a valid passport; and
(b)proof that the applicant has a derivative right to reside under regulation 16.
The Home Office have a culture of deception and not updating guidance early to reflect current courts ruling.
Go to the courts and make your case as shared responsibility is allowed under Zambrano.
Again Home Office disregard of protecting children within their boarders under section 55 of the Borders and citizens right 2009 and article 7 of EEA REGULATIONS then section 3(1) of the United nations Right of the child.
The Judges will be with you and trust me Home Office would not even come to court because they know is a loss game for them and win to you.
Mubashir will sort you out