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Surinder Singh Extended family member case abandon

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Surinder Singh Extended family member case abandon

Post by Obie » Tue Feb 09, 2016 6:26 pm

Contrary to the Home office failure to provide an answer to the question below,following a FOI request, I have been notified by a reliable source at the Civil Appeals office that the Court of Appeal has dismissed the Home Office appeal for failure to file a Skeleton Argument.


When one looks at Kamila Santos Cain's Judgement, It is difficult to see what cogent and intelligible skeleton Argument the Home Office can construct to convince a judge that permission ought to be granted.

It appears that Home Office may have got a little advise from their counsel with some brain, to just let sleeping dogs lie. As this could have led to a potential reference, which would have been a bit of a hot potato for UKVI . Can't see how the CJEU would have said any thing contrary to Cain, without breaching the treaty right of a returning United Kingdom National, in a way that is contrary to the Non discrimination/reverse discrimination provision in the treaty.

https://www.whatdotheyknow.com/request/ ... 038145.pdf
Smooth seas do not make skilful sailors

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Surinder Singh Extended family member case abandon

Post by noajthan » Tue Feb 09, 2016 6:58 pm

What a bizarre response from civil servant to the FOI request.

I am very grateful you have been able to share this helpful & encouraging insight about the appeal.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Surinder Singh Extended family member case abandon

Post by Obie » Tue Feb 09, 2016 7:16 pm

I think it is wrong what they are doing. This is an information which ought to be in the Public domain.

It must not be suppressed.

Extended family members are entitled to know whether or not their is an appeal or not, and whether or not the regulations will be changed accordingly, in the event of the department deciding not to appeal.

They knew all along that there was no merit in the appeal, but the pursued it, in the hope that attention will be diverted from the case.

That is just wrong.
Smooth seas do not make skilful sailors

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