Relatives of European Economic Area (EEA) nationals concerned about their immigration status post-Brexit have received some reassurance from a landmark Court of Appeal judgment.
The judgment reverses an earlier Upper Tribunal decision that abolished the rights of ‘extended family members’ to access the immigration tribunal in order to explain their case to a judge independent from the Home Office (Sala [2016] UKUT 411 (IAC)). The decision therefore could affect thousands of relatives of EEA nationals refused residence or entry to the UK.
The case, Muhammad Yasir Khan v Home Secretary [2017] EWCA Civ 1755, concerned a Pakistani national who applied to remain in the UK as a dependent on his German national uncle. The Home Office argued Khan was neither sufficiently dependent nor that his EEA national sponsor was ‘exercising treaty rights’. The Upper Tribunal said it did not have jurisdiction to hear the appeal, due to the effect of Sala, which has left judicial review as the sole means of challenge for applicants.
However, the Court of Appeal’s decision in Khan overturns Sala.
Rajiv Sharma, immigration barrister at 36 Civil, who represented Khan, said: ‘Without a full, unconditional guarantee of their rights post-Brexit, the relatives of EEA nationals are in an increasingly precarious position as exit day approaches.
‘The decision of the Court of Appeal will be welcome news for many vulnerable families who have been denied the right to explain their case to a judge and wrongly treated as illegal immigrants.’
Sharma said he hoped the tribunals would now issue guidance on how the cancelled appeals will now be handled.
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