England and Wales Case Law

Bingyan Lin & Anor, R (on the application of) v The Secretary of State for the Home Department

The closure of the EUSS FMQBC route and the application of the 8 August 2023 cut-off date were justified, proportionate, and lawful. EEA residence cards ceased to be valid evidence of lawful residence after 30 June 2021. The Claimants had no established right to apply for settled status after the cut-off date, and the Defendant's refusal to consider their applications was neither discriminatory nor irrational.

Source excerpt

• European union withdrawal
• Residence rights
• Discrimination under article 14 echr
• Indefinite leave to remain
• Immigration rules appendix eu
• Surinder singh principle

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Tajamal Hazoor Randhawa v Secretary of State for the Home Department

Permission to appeal is granted as there is a realistic prospect of success on the grounds that the applicant may be entitled to residence rights under the Withdrawal Agreement, subject to full argument before the Court of Appeal.

Source excerpt

• Eu settlement scheme
• Withdrawal agreement
• Residence rights

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Molnar v Secretary of State for the Home Department

Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31 (29 January 2026)

The Court of Appeal held that post-transition deportation for offences committed after IP completion day is governed by national law, not EU proportionality rules.

• Deportation
• Citizens' rights
• Withdrawal agreement
• Proportionality
• Residence rights
• Withdrawal-agreement

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BZ, R (on the application of) v Secretary of State for the Home Department

The High Court considered whether a Bangladeshi woman who fled domestic abuse by her son could rely on Withdrawal Agreement rights to obtain Universal Credit and access settlement protections.

• Withdrawal agreement
• Universal credit
• Domestic abuse
• Equal treatment
• Residence rights
• Withdrawal-agreement

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Emambux v Secretary of State for the Home Department

Emambux v Secretary of State for the Home Department [2024] EWCA Civ 1459 (28 November 2024)

The Court of Appeal held that an EU Settlement Scheme application could not be treated as an EEA Regulations application, and dismissed the appeal.

• Eu settlement scheme
• Withdrawal agreement
• Citizens' rights directive
• Immigration (european economic area) regulations 2016
• Residence rights
• Extended family members

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Halil Celik v Secretary of State for the Home Department

The appellant was not married to an EU national and residing in the UK as a spouse before the end of the transition period. The Withdrawal Agreement does not confer residence rights on those who marry after the transition period, regardless of the reasons for delay. Proportionality and fairness do not extend the scope of the Agreement. The evidential requirements for durable partners are not discriminatory in the appellant's circumstances. The appeal is dismissed.

Source excerpt

• Withdrawal agreement
• Residence rights
• Family members
• Durable partners
• Proportionality
• Discrimination

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Celik v Secretary of State for the Home Department

Celik v Secretary of State for the Home Department [2023] EWCA Civ 921 (31 July 2023)

The Court of Appeal held that a Turkish appellant who married an EU national after the transition period ended could not rely on the Withdrawal Agreement for residence rights.

• Withdrawal agreement
• Residence rights
• Durable partner
• Covid-19 impact
• Proportionality
• Interpretation of treaties

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The Independent Monitoring Authority for the Citizens' Rights Agreements, R. (On the Application Of) v Secretary of State for the Home Department

The Independent Monitoring Authority for the Citizens' Rights Agreements, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022)

The High Court held that the EU Settlement Scheme could not require people with pre-settled status to reapply for settled status on pain of losing residence rights.

• Withdrawal agreement
• Citizens' rights
• Residence rights
• Permanent residence
• Constitutive vs declaratory schemes
• Interpretation of treaties

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THE INDEPENDENT MONITORING AUTHORITY FOR THE CITIZENS' RIGHTS AGREEMENTS v SECRETARY OF STATE FOR THE HOME DEPARTMENT

The High Court held the EUSS unlawfully limited Withdrawal Agreement residence rights and did not require a second application for permanent residence.

• Residence rights
• Permanent residence
• Withdrawal agreement
• Constitutive vs declaratory schemes
• Eu citizens' rights
• Immigration control

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Fatima & Ors v The Secretary of State for the Home Department

Fatima & Ors v The Secretary of State for the Home Department [2019] EWCA Civ 124 (07 February 2019)

The Court of Appeal dismissed challenges to refusals of residence cards, holding that dependency under regulation 8(2)(c) must be on the EEA national.

• Residence rights
• Eea family members
• Directive 2004/38/ec
• Extended family members
• Derived rights
• Immigration

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