Zambrano application refused

Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.

Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.

I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.

I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.

But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.

Sorry to hear this, but as i have always stated, the Zambrano test is really stringent, and the Higher Courts are giving th UKBA an extra boost to reject it.

The problem is, the UKBA are restricting your right to appeal under Article 8, which seems really odd. The court might want to refuse to look into it, as it is not included on possible grounds of appeal.

In your circumstances, i believe you will have a decent chance, provided a Judge does not take a view that the refusal is under Zambrano and not Human Rights, as you are not facing removal, therefore he will not review it.

Such view might amount to an error of law, but to some appeallants misfortune, some judges do these kind of things.

Obie wrote:Sorry to hear this, but as i have always stated, the Zambrano test is really stringent, and the Higher Courts are giving th UKBA an extra boost to reject it.

The problem is, the UKBA are restricting your right to appeal under Article 8, which seems really odd. The court might want to refuse to look into it, as it is not included on possible grounds of appeal.

In your circumstances, i believe you will have a decent chance, provided a Judge does not take a view that the refusal is under Zambrano and not Human Rights, as you are not facing removal, therefore he will not review it.

Such view might amount to an error of law, but to some appeallants misfortune, some judges do these kind of things.

Thanks Obie. Well appreciated.

Prince74 wrote:Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.
......

The appeal form must be submitted by 9 April at the latest.

email them, and confirm them to your wifes situation, and ensure that they are aware that your wife is dependant on your care too...

and tell them you expect them to review the WHOLE application as one... ALL factors of the application should be considered together... - IE: Are you primary carer: Yes... Can your wife assume the role of primary carer: No. - Therefore: Are you primary carer... Yes.

Childs best interests... etc? did it not come into it... also, the UN's rights of a child - identity, contact with both parents...?

EX.1 of the immigration rules states if the applicant will be removed, then it should view that the child would be removed... why is the EEA application treated differently...

Rediculous, and rather unsettling for others... but get that appeal in ASAP... - AND REMEMBER: RECORDED SPECIAL DELIVERY - Dont give them any reason to say your too late etc...

Prince74 wrote:Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.

Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.

I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.

I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.

But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.

Hi Kofi,

I'm really sorry to hear this, but I want to encourage you to fight and not to give up.
you have the the right of appeal so use it ,making points that will weigh on your favour like your wife dependency on you. I also believe you have a good article 8 case as well.
I will keep you and your family in my prayers .be strong and courageous.
Ebe ye yie.

labelle wrote:

Prince74 wrote:Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.

Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.

I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.

I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.

But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.

Hi Kofi,

I'm really sorry to hear this, but I want to encourage you to fight and not to give up.
you have the the right of appeal so use it ,making points that will weigh on your favour like your wife dependency on you. I also believe you have a good article 8 case as well.
I will keep you and your family in my prayers .be strong and courageous.
Ebe ye yie.

Thanks Kofi, my concern is, just as Obie said, that the judge accepts to not just limit the appeal to Zambrano but to include Article 8 rights. If Article 8 right is included, then I am definitely going to win.

Prince74 wrote:

labelle wrote:

Prince74 wrote:Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.

Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.

I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.

I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.

But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.

Hi Kofi,

I'm really sorry to hear this, but I want to encourage you to fight and not to give up.
you have the the right of appeal so use it ,making points that will weigh on your favour like your wife dependency on you. I also believe you have a good article 8 case as well.
I will keep you and your family in my prayers .be strong and courageous.
Ebe ye yie.

Thanks Kofi, my concern is, just as Obie said, that the judge accepts to not just limit the appeal to Zambrano but to include Article 8 rights. If Article 8 right s included, then I am definitely going to win.

Prince 74 so sorry to hear about the decision, I think you could include article 8 in ur appeal, because, looking at the very beginning of the forum (updates on zambrano applications) , someone was refused asylum, n he argued article 8 and got discretionary leave, and he was granted, so I think its possible... We are all praying for you, and we wish you all the best....

evie233 wrote:

Prince74 wrote:

labelle wrote:

Prince74 wrote:Update:

I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.

Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.

I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.

I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.

But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.

Hi Kofi,

I'm really sorry to hear this, but I want to encourage you to fight and not to give up.
you have the the right of appeal so use it ,making points that will weigh on your favour like your wife dependency on you. I also believe you have a good article 8 case as well.
I will keep you and your family in my prayers .be strong and courageous.
Ebe ye yie.

Thanks Kofi, my concern is, just as Obie said, that the judge accepts to not just limit the appeal to Zambrano but to include Article 8 rights. If Article 8 right s included, then I am definitely going to win.

Prince 74 so sorry to hear about the decision, I think you could include article 8 in ur appeal, because, looking at the very beginning of the forum (updates on zambrano applications) , someone was refused asylum, n he argued article 8 and got discretionary leave, and he was granted, so I think its possible... We are all praying for you, and we wish you all the best....

The central argument of my appeal will be largely based on Article 8, even though the UKBA did not include it in the grounds of appeal.

Hi prince 74, sorry to hear about the refusal based on zambrano. But with what you've said so far, i think their decision was wrong. Is your wife british, is she dependent on you for some or all of her basic needs? If yes, then u should write a cover letter explaining the real situation and support it with some documentations (medical letters) and ask UkBA for reconsideration of their decision. You should clearly state that u are the primary carer of your wife and child. Meanwhile u can still proceed with the appeal as well. But i am sure UKBA will not go to courts if you provide them with the above. Reconsideration takes roughly 2months to get a decision.

easy77 wrote:Hi prince 74, sorry to hear about the refusal based on zambrano. But with what you've said so far, i think their decision was wrong. Is your wife british, is she dependent on you for some or all of her basic needs? If yes, then u should write a cover letter explaining the real situation and support it with some documentations (medical letters) and ask UkBA for reconsideration of their decision. You should clearly state that u are the primary carer of your wife and child. Meanwhile u can still proceed with the appeal as well. But i am sure UKBA will not go to courts if you provide them with the above. Reconsideration takes roughly 2months to get a decision.

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.