British Born to EU Mother (Before 2000)

[omulvahil]

Please help!!

I was born in 1996 in the UK to a German mother and Australian father- my mum had a blue right to remain card that was valid at the time of my birth but she only officially gained indefinite leave to remain after I was born.
I applied for a British passport three years ago and got called in for an interview with no problems, however I had to cancel the application due to needing my German passport for a last minute holiday.
I've recently applied again and this time they're saying the card is not sufficient evidence that my mum was legally settled and I need other forms of evidence. The only issue is the Germans kept the passport she used at the time of my birth so I'm not sure how else to prove that she was legally settled?

If anyone knows anything that would help it would be massively appreciated!!

[secret.simon]

How was your German mother exercising treaty rights at the time of your birth?

See from Section 2.1 onwards of the Treaty Rights Guidance on what is required for children of EEA citizen at various points in history to prove British citizenship. Be aware that such proof may be required in the future as well and you should safeguard such proof.

[Obie]

Also see Capparrelli (EEA Nationals - British Nationality) [2017] UKUT 162 (IAC).

[vinny]

Also see Capparrelli (EEA Nationals - British Nationality) [2017] UKUT 162 (IAC).

That decision is one which can be properly described as perversity under law.
...

[Obie]

I am clearly not departing from the views I expressed about that case on the 29-04-2017.

I was merely setting out the views expressed by the UT, and the fact that it has not been challenged. It was clearly not a view expressed in Obiter.

For the avoidance of doubt I do believe it is perverse and thankfully passport office have not changed their policy since .

The decision in my view failed to appreciate the power of the Secretary of state to confer a settled status on any cohort of people if she so wishes.

[vinny]

Added your comment to prevent the OP from being unduly shocked or distressed by the controversial decision.

Yes. I agree that this judgment was wrongly decided too.

[Obie]

I am grateful, and you do have a point. I have made several enquiries and freedom of information request with passport office, was also desperate to get a case were a person was refused based on the Upper Tribunal finding, but I found none.