Olorunfunmilayo Oluwaseun Akinsanya v Secretary of State for the Home Department

Olorunfunmilayo Oluwaseun Akinsanya v Secretary of State for the Home Department

Regulation 16 of the Immigration (European Economic Area) Regulations 2016, by its clear language, does not exclude persons with limited leave to remain from acquiring a derivative right to reside as Zambrano carers. The Secretary of State erred in law by providing in Annex 1 to Appendix EU that a 'person with a Zambrano right to reside' must be without leave to enter or remain in the UK, unless granted under the Appendix. The appeal is dismissed on this ground, and the Secretary of State's decision is quashed.

Parties
Claimant/respondent: Olorunfunmilayo Oluwaseun Akinsanya; Respondent/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 January 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order quashing the Secretary of State's decision stands.
Legal Topics
Derivative Rights of Residence, Zambrano Carers, EU Settlement Scheme, Interpretation of Immigration (european Economic Area) Regulations 2016, Implementation of EU Law in UK Domestic Law
Immigration Law European Union Law Administrative Law Derivative Rights of Residence Zambrano Carers EU Settlement Scheme Interpretation of Immigration (european Economic Area) Regulations 2016 Implementation of EU Law in UK Domestic Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Olorunfunmilayo Oluwaseun Akinsanya

Claimant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Does a Zambrano right to reside under EU law persist where the carer has limited leave to remain under UK domestic law?
  2. 2 Did the Secretary of State err in law in the definition of 'person with a Zambrano right to reside' in Annex 1 to Appendix EU to the Immigration Rules by excluding those with limited leave to remain?
  3. 3 Does regulation 16 of the Immigration (European Economic Area) Regulations 2016 confer a derivative right to reside on persons with limited leave to remain?

Ratio Decidendi

Regulation 16 of the Immigration (European Economic Area) Regulations 2016, by its clear language, does not exclude persons with limited leave to remain from acquiring a derivative right to reside as Zambrano carers. The Secretary of State erred in law by providing in Annex 1 to Appendix EU that a 'person with a Zambrano right to reside' must be without leave to enter or remain in the UK, unless granted under the Appendix. The appeal is dismissed on this ground, and the Secretary of State's decision is quashed.

Court Disposition

Appeal dismissed; High Court order quashing the Secretary of State's decision stands.

Orders

  • Declaration that the Secretary of State erred in law in her understanding of regulation 16 of the Immigration (European Economic Area) Regulations 2016 when providing, in Annex 1 to Appendix EU to the Statement of Changes to the Immigration Rules HC 395 as amended, that the definition of a ‘person with a Zambrano...