Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 (25 January 2022)

Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 (25 January 2022)

The Secretary of State erred in law by framing the definition of 'person with a Zambrano right to reside' in the EU Settlement Scheme to exclude persons with limited leave to remain, as Regulation 16 of the EEA Regulations only excludes those with indefinite leave. The appeal is dismissed on this ground.

Citation
[2022] EWCA Civ 37
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
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Derivative Rights to Reside, Zambrano Carers, EU Settlement Scheme, Interpretation of Immigration (european Economic Area) Regulations, Implementation of EU Law in UK Domestic Law
Immigration European Union Law Administrative Law Derivative Rights to Reside Zambrano Carers EU Settlement Scheme Interpretation of Immigration (european Economic Area) Regulations Implementation of EU Law in UK Domestic Law

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Parties

Olorunfunmilayo Oluwaseun Akinsanya

Claimant/respondent

Secretary of State for the Home Department

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a Zambrano right to reside is extinguished by the existence of concurrent limited leave to remain
  2. 2 Whether the Secretary of State erred in law in framing the definition of 'person with a Zambrano right to reside' in the EU Settlement Scheme
  3. 3 Proper construction of Regulation 16 of the Immigration (European Economic Area) Regulations 2016

Ratio Decidendi

The Secretary of State erred in law by framing the definition of 'person with a Zambrano right to reside' in the EU Settlement Scheme to exclude persons with limited leave to remain, as Regulation 16 of the EEA Regulations only excludes those with indefinite leave. The appeal is dismissed on this ground.

Court Disposition

Appeal dismissed

Orders

  • Decision of Secretary of State quashed
  • Secretary of State to reconsider relevant provisions of Appendix EU