Sterling Law represented a client from Turkmenistan who made an application for a Residence Card as the unmarried partner of an EEA national who was exercising Treaty Rights in the UK.
The Home Office refused the application and under Regulation 36(3)(b)(ii) of the Immigration (European Economic Area) Regulations 2016, the Home Office did not give our client a right of appeal. However, despite the same and in light of the case of Case C-89/17 Banger, Mr Shakir Hussain from our offices contended that our client did have a right of appeal. After considerable correspondence between the Court and Sterling Law, our client’s matter was listed for hearing. At the hearing the first issue was one of jurisdiction because of Regulation 36(3)(b)(ii), however due to our thorough preparation, the Judge accepted jurisdiction and allowed our client’s appeal.
This was a particularly difficult appeal because the Home Office have explicitly set out in the Immigration (European Economic Area) Regulations 2016 that unmarried partners of EEA nationals do not have a right of appeal. These cases can be very complex and thus we always advise our clients to seek expert legal advice when facing such matters.
Shakir Hussain, Senior Solicitor
Phone: +44 (0) 20 7822 8535
UK Immigration & Legal Assistance
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