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England and Wales Case Law

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Immigration law

Ivan Khomych v The Secretary of State for the Home Department

The tribunal dismissed an EUSS appeal, finding the appellant had not proved five years’ continuous residence or an ongoing qualifying period of residence.

  • Settled status
  • Pre-settled status
  • Continuous qualifying period of residence
  • Right of appeal under eu exit regulations
  • Appeal dismissed in absence
  • Eu-settlement-scheme
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Immigration law

Simon Bilbao Prado v Secretary of State for the Home Department

The Tribunal dismissed an EUSS appeal, finding the appellant did not prove his more-than-12-month absence from the UK was caused by COVID-19 or another important reason.

  • Continuous qualifying period
  • Pre-settled status
  • Settled status
  • Coronavirus-related absence
  • Residence scheme immigration rules
  • Citizens' rights appeal
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Nationality law

Antoine Lucas Roehrig, R (on the application of) v Secretary of State for the Home Department

The appellant's mother was not 'settled' in the UK at the time of his birth because her right to remain was contingent on her status as a 'qualified person' under EU and domestic law, which constituted a restriction under the immigration laws. The relevant regulations were immigration laws for purposes similar to the Immigration Act 1971, and only indefinite leave to remain or permanent residence would suffice for settled status. Thus, the appellant did not acquire British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981.

  • British citizenship by birth
  • Settled status
  • Statutory interpretation
  • Eu free movement rights
  • Immigration time restrictions
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.