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England and Wales decisions
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The Upper Tribunal allowed KS’s appeal, set aside the First-tier Tribunal decision, and remade the case in her favour on qualifying right to reside.
Secretary of State for the Home Department v Borges [2025] EWCA Civ 784 (27 June 2025)
The Court of Appeal held that Borges was not entitled to the highest deportation protection because he was not an EU citizen throughout the relevant ten-year period.
The Court of Appeal held that only residence as an EU citizen counts toward Article 28(3)(a) enhanced protection, and remitted the deportation appeal.
Ali, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 1546 (10 December 2024)
The Court of Appeal held that dependency for an adult child under the Withdrawal Agreement is assessed when joining the EU citizen, and later work does not end residence rights.
Roehrig, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2024] EWCA Civ 240 (12 March 2024)
The Court of Appeal held that an EU national’s contingent right to remain as a qualified person was still subject to immigration-law restrictions, so the appellant was not automatically British at birth.
The Upper Tribunal considered EEA deportation appeals, EUSS status, and human rights grounds, holding that appeal rights depend on residence status and the route of decision.
The Upper Tribunal held that Chenchooliah’s procedural safeguards were not engaged because no expulsion decision had been made, and dismissed the appeals.
The Upper Tribunal held that an EEA national in prison on 31 December 2020 was not lawfully resident under the EEA Regulations 2016 immediately before IP completion day.
Ali, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1615 (Admin) (30 June 2023)
The High Court held that adult children of EU citizens must meet dependency conditions continuously, and dismissed a challenge to EUSS rules and the Withdrawal Agreement.
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.
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