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Heading
Maisiri (EUSS; Zambrano; ‘Realistic Prospect’ policy)
Heard at Field House
THE IMMIGRATION ACTS
Promulgated on 21 June 2024
Before
UPPER TRIBUNAL JUDGE HANSON
and
UPPER TRIBUNAL JUDGE BLUNDELL
Between
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
GABRIEL TICHAONA MAISIRI
Respondent
Representation:
For the Appellant: Peter Deller, Senior Presenting Officer
For the Respondent: Alex Papasotiriou, instructed by Legal Rights Partnership
It is not incumbent on a decision maker who is considering the application or appeal of a person who is said to have a Zambrano right to reside to assess whether that person stands a realistic prospect of securing leave to remain under another provision of the Immigration Rules, including Appendix FM. The Secretary of State’s guidance entitled EU Settlement Scheme: person with a Zambrano right to reside has been wrong in suggesting otherwise from 14 December 2022 to date.
DECISION AND REASONS
- Heading
- We regret the delay in issuing this decision, which was caused in large part by the decision in R (Akinsanya & Aning-Adjei) v SSHD [2024] EWHC 469 (Admin) and the need to seek the submissions of the p
- Background
- The Appeal to the First-tier Tribunal
- The Appeal to the Upper Tribunal
- The Immigration (EEA) Regulations 2006 and 2016
- The Immigration Rules
- Published Policy
- Analysis
- The Secretary of State’s First Difficulty – The Construction of the Immigration Rules
- The Secretary of State’s Second Difficulty – No Support in the Authorities
- The Secretary of State’s Third Difficulty – Realistic Prospect Test Unfair and Unworkable
- Eyre J’s decision in Akinsanya & Aning-Adjei
- The Written Submissions on Eyre J’s Judgment
- Conclusions