Victory in EU Settlement Scheme Appeal: A Triumph for Experienced Sterling Lawyers Team
Co-author – Nozima Rakhimjonova
In a recent decision by the First-tier Tribunal (Immigration and Asylum Chamber), our experienced legal team achieved a significant victory for our client, in his appeal against the Secretary of State for the Home Department. The decision represents a triumph of meticulous legal strategy and diligent representation by our skilled Sterling Lawyers.
The case involved our client, a dual national of Cyprus and other non-EU nationalities, who had applied for status under the EU Settlement Scheme (EUSS) based on his Cypriot nationality. The appeal centered around the refusal of our client’s application by the Secretary of State on suitability grounds under Paragraphs EU16(a) and EU16(d) of Appendix EU of the Immigration Rules.
Under EU16(a), the Respondent alleged that our client had failed to disclose full details of his nationalities and passports, as well as relevant circumstances regarding his previous applications. However, our legal team meticulously argued and demonstrated that our client had indeed disclosed both his Cypriot and other non-EU nationalities in his application form, thus refuting the allegations of false or misleading information.
Moreover, under EU16(d), the Respondent sought to justify the refusal of our client’s application on public policy grounds, citing his exclusion under Article 1F(b) of the Refugee Convention. However, our legal team effectively dismantled this argument by demonstrating that the refusal was disproportionate and not justified based on our client’s conduct and circumstances.
Crucially, the Tribunal found that there was no evidence to suggest that our client posed a genuine, present, and sufficiently serious threat to the fundamental interests of society. Despite being classified as an excluded person, our client’s exemplary conduct, lack of criminal convictions, and strong ties to the United Kingdom were highlighted as factors favoring his case.
Furthermore, the Tribunal emphasised that the refusal decision must be based exclusively on the personal conduct of the individual and not on generalised considerations or assumptions. In this regard, our Sterling Law team successfully navigated the complex legal framework to secure a favorable outcome for our client.
In conclusion, the Tribunal allowed our client’s appeal, declaring it not under Appendix EU of the Immigration Rules. This decision represents a significant victory for our client and underscores the importance of skilled legal representation in navigating complex immigration matters.
Our experienced lawyers remain committed to advocating for our clients’ rights and achieving favorable outcomes in challenging legal proceedings. If you require skilled representation in immigration matters, trust our Sterling Law team to navigate the legal complexities and secure the best possible outcome for you.
