UI2023002187 & Ors [2025] UKAITUR UI2023002187 (8 May 2025)

UI2023002187 & Ors [2025] UKAITUR UI2023002187 (8 May 2025)

The First-tier Tribunal materially erred in law by allowing the appeal under Appendix EU (Family Permit) on the basis of Zambrano rights, as such rights were not available to entry clearance applicants outside the UK after the repeal of the Immigration (EEA) Regulations 2016. The Akinsanya litigation did not extend...

Source-derived case information.

Citation
[2025] UKAITUR UI2023002187
Parties
Appellant: Entry Clearance Officer; Respondent: Bibi Bashir; Respondent: Bilal Ahmed Bashir; Respondent: Bibi Zhara Bashir; Respondent: Hilal Ahmed Bashir
Jurisdiction
United Kingdom
Judgment Date
08 May 2025
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
EU Settlement Scheme, Zambrano Carers, Appendix EU (family Permit), Immigration (eea) Regulations 2016, Article 8 ECHR
Immigration Law European Law EU Settlement Scheme Zambrano Carers Appendix EU (family Permit) Immigration (eea) Regulations 2016 Article 8 ECHR

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Summary, issues, holding and outcome

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Parties

Entry Clearance Officer

Appellant

Bibi Bashir

Respondent

Bilal Ahmed Bashir

Respondent

Bibi Zhara Bashir

Respondent

Hilal Ahmed Bashir

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by allowing the appeal under Appendix EU (Family Permit) based on Zambrano rights after the repeal of the Immigration (EEA) Regulations 2016
  2. 2 Whether the Akinsanya litigation or policy extended Zambrano rights to entry clearance applicants outside the UK after 31 December 2020
  3. 3 Whether Article 8 ECHR was a live issue in the appeal

Ratio Decidendi

The First-tier Tribunal materially erred in law by allowing the appeal under Appendix EU (Family Permit) on the basis of Zambrano rights, as such rights were not available to entry clearance applicants outside the UK after the repeal of the Immigration (EEA) Regulations 2016. The Akinsanya litigation did not extend to this scenario, and Article 8 ECHR was not a live issue in the appeal before the Tribunal.

Court Disposition

appeal dismissed

Orders

  • The First-tier Tribunal's decision allowing the appeals is set aside for error of law.
  • The appeals are dismissed on re-making by the Upper Tribunal.