@Administrative Review
Edit to your case
Dear Sir/Madam,
I have made an immigration application under the EUSS as someone with a Derivative Right of Residence - Zambrano . This application was logged in (date) and received by the Permanent Migration Team responsible for the warfare of EEA family members on (date)
My application was refused on (date). The exact reason of refusal is as follows;
"Insert reason of refusal "
I would like to appeal for the Administrative review because your reason to refuse was not in accordance with EEA regulations and the best interest of the child was not carefully considered
The following are my Reason
1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.
2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.
3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.
5. Zambrano Case C34/9
6. Patel vs SSHD Supreme Court Ruling
16 December 2019
7. Senneh vs SSHD
8.H/O failure to ask for further documentation as enshrined in the case worker's guidance
As my refusal centres on Leave to REMAIN(2.5) under domestic immigration law, technically it has never be enshrined in EU law that one needs to be disqualified if he/she is a PSIC. I am not an exempt person under the regulation and Home Office guidance to that effect makes it ambiguous and at 《(page 42 of the old Patel vs SSHD, Irwin LJ considered SSHD's submission which emphasised that an appellant in Patel had never made application for Leave to REMAIN in the UK on family life grounds. The courts response was unequivocal). {If refusal is you haven't made a domestic immigration application}》
I attached herewith further documentation for your perusal.
Yours faithful
ABC Visa
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
