Amos Court of appeal judgement is here to stay

[Obie]

The Upper Tribunal released it judgement in the case of a Ahmed (Amos; Zambrano; reg 15A(3)(c) 2006 EEA Regs) [2013] UKUT 00089 (IAC), Pakistani woman who had suffer domestic violence from her husband over many years, and who finally left her and filed a divorce in Pakistan.

The Tribunal further endorsed the infamous Amos, which is very restrictive to people who are seeking to retain their right of Residence, and essentially puts the evidential burden of proof on them, which i think is a wrong interpretation of EU law.

one would have hoped that there would be a reference to the CJEU on this contentious issue of burden of proof in Retention case.

Unfortunately the opportunity has been lost for now, and we seem to be stuck with Amos for the foreseeable future at least.

Thankfully this woman won her appeal on other provision of EU law, but she lost on the the Directive and Regulations PR provision.