EEA (EFM) Appeal rights – Case of SALA overturned in the court of appeal

The EEA – Extended family member’s appeal rights were withdrawn further to the judgement in the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC). The Upper Tribunal in this case has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended family member.

A a direct result of this judgement, the Home Office updated their guidelines regarding the appeal rights & all subsequent application refusals did not carry any right of appeal. The First Tier tribunal also invalidated appeals outstanding with them which caused a real panic among the appellants.

The court of appeal considered this in the case of MK Pakistan & overturned the judgement yesterday by allowing the appeal on the interpretation grounds. The effect of the decision is that all those appeals pending under the 2006 Regulations should now be able to proceed. Those that have resulted in notices of invalid appeal will need to be challenged. This point may be slightly academic now, in the sense that only the 2006 Regulations are directly affected, but the path to a challenge to the 2016 Regulations now exists.

If you are affected by SALA case and wants any further advise on how to challenge this, please call one of our experts on 020 3695 4626.

 

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