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Appeal rights under the 2016 EEA Regulations are to be introduced for extended family members (EFM)

14 January 2019

Grace Brown

Grace Brown represented the Claimant. She was instructed by Sharif Khan of Oliver Hasani Solicitors.

In a test case that was due to be heard in May 2019, the Secretary of State has today invited the Claimant to withdraw his judicial review (CO/2339/2018) in which he challenged the legality of the Immigration (European Economic Area) Regulations 2016 on the ground that it unlawfully prevents an appeal from an EFM who has been refused a residence card.  The Secretary of State has confirmed that he intends to lay legislation before Parliament amending the 2016 Regulations ‘as soon as reasonably practicable’ which will introduce appeal rights for extended family members of EEA nationals who have been refused a residence card.

Comment: in those cases that are stayed pending the test case, representatives can now request the Secretary of State’s decisions in those cases to similarly be withdrawn.

Grace has published an article, ‘Government to introduce appeal rights for extended family members‘ on Free Movement.

Grace Brown is a member of the Garden Court Chambers Immigration team.

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