Extended Family Members: no right of appeal

In the case of  Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has held that there is no right of appeal for extended family members of EEA nationals (“EFMs”) against a decision to refuse them a residence card.

This is an unexpected development because the issue was identified independently by the Tribunal; neither the appellant nor the Home Office had made it part of their case.

The basis of the Tribunal’s decision is that the Immigration (European Economic Area) Regulations 2006 provide for an appeal in cases that concern an “entitlement” to a residence card. As the issue of residence documentation to EFMs is discretionary, the Tribunal found that a refusal decision did not concern an entitlement, and there is therefore no right of appeal to the Tribunal.

The effect of the decision is likely to be to make ongoing Tribunal appeals by EFMs invalid. This leaves Judicial Review as the only remedy: a more expensive process involving the risk of having costs awarded against you if you lose.

If you are an EFM concerned about your status in the UK, you can contact me to discuss your case.

 

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