Appeal Rights to be given to Extended Family Members of EEA Nationals

In a recent case heard in the High Court, the Secretary of State has confirmed that Extended Family Members of EEA Nationals who have had their Residence Card refused will be granted an appeal right to have their case heard in the First Tier Tribunal.

The case in question was due to be heard in May 2019 however it is reported that the Secretary of State invited the Applicant in this particular case to withdraw their Judicial Review Application with the Secretary of State expressing his intention to allow for Extended Family Members to be granted in-country appeal rights.

Previously, appeal rights were granted to Extended Family Members whose applications were refused under the 2006 Regulations.  This did not however stretch to the 2016 Regulations as per Regulation 36.  Until now, an Applicant’s only remedy against a refusal would be to lodge Judicial Review proceedings against the decision.  These types of proceedings could be costly and lengthy and were limited to what the Judge could review.

If you have previously submitted an Extended Family Member Application under 2016 Regulations or you have had such an application refused, contact Cranbrook Solicitors today to see if we can help.