UK & EEA Immigration Lawyer & Advocate

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Тема: Новости UK & EEA Immigration Law от Legal Centre, 07791145923

  1. #91
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    06 June 2018 – Read the reviews about our assistance to immigrants and their families like yours here: https://legalcentre.org/reviews.php

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UK Government’s current intentions in relation to the EU nationals after Brexit – an UPDATE: https://publications.parliament.uk/p...075/107502.htm

    • EU nationals arriving in the UK between 29 March 2019 and 31 December 2020, and intending to stay longer than three months, will need to register (no particular details on this registration scheme are available at present)
    • EU nationals and their family members will have until 30 June 2021 to apply under the new “EU Exit Settlement Scheme”
    • The new EU Exit Settlement Scheme will be launched by the end of 2018
    • EU nationals residing in the UK before 31 December 2020 will be able to have their family members join them, provided those family relations existed before that date. Future partners will need to meet the requirements of the domestic Immigration Rules (aka Appendix FM, £18 600+ threshold, TB, English language tests etc)
    • The Dublin III arrangements will continue to apply during the transitional period

    >>> Same-sex spouses should benefit from free movement rights, says CJEU: eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:enDF

    Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 2004/38 include same-sex spouses.

    The case is C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others and the CJEU’s press release summarises the finding as follows:

    “Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory”.
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  2. #92
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    07 June 2018 – Read the reviews about our assistance to immigrants and their families like yours here: https://legalcentre.org/reviews.php

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> What if the FLRM extension application refused on the basis of failing to meet the A2 English language level test requirement ?

    The answer is “appeal”, as such a refusal is likely to be disproportionate and unlawful.

    Para 32B of the Rules states:

    the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

    The, the Appendix FM section 1.21states:

    If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement.
    If the only reason for the refusal was a suspect English test, then a fair and sensible ECO/caseworker would have given the applicant an opportunity to provide other specified evidence.

    Moreover, the case-law notes in HU071822015 & Ors. [2017] UKAITUR HU071822015 (14 August 2017) states:

    “This appeal came before me for an error of law hearing on 19 July 2017. I found an error of law in the decision of the First tier Tribunal, which I append. The parties agreed I could re-make the decision without the need for an oral hearing, but with the assistance of written submissions, which I have now received.
    2. The only issue outstanding, it now being accepted that the Appellants meet the financial requirements of the Rules, is whether the Entry Clearance Officer erred in failing to contact the first Appellant to request an English language certificate from an approved provider, in line with the principle of evidential flexibility. This is now set out in Appendix FM SE, the relevant provisions of which are as follows: …


    Answer

    36. I conclude that the answer to the question identified in para 1 above is “yes”: the agency’s refusal of Mr Mandalia’s application was unlawful because, properly interpreted, the process instruction obliged it first to have invited him to repair the deficit in his evidence.”


    So the course of the action could be to appeal, take the test (prior to appeal decision) and cite above.

    >>> Applying for a UK visa from the USA – settlement and non-settlement applications process


    See all the details here: https://www.gov.uk/government/public...isa-in-the-usa
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  3. #93
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    11 June 2018 – Read the reviews about our assistance to immigrants and their families like yours here: https://legalcentre.org/reviews.php

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> When law and politics collide: Brexit in the Court of Session: https://www.scotcourts.gov.uk/docs/d...1.pdf?sfvrsn=0

    The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled.

    Given that the subject matter involved “the most contentious and political debate of our time” [paragraph 62], the Court of Session (Scotland’s equivalent to the High Court) decided that it fell outside its jurisdiction. It is a long-standing tenet of the UK constitution that the courts do not adjudicate on political matters. The democratic process is liable to be subverted if, on questions of moral and political judgements, opponents of a particular position can achieve through the courts what they can not achieve in Parliament (to paraphrase Lord Bingham in Countryside Alliance v Attorney General [2007] UKHL 52 at [45]).
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  4. #94
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    12 June 2018 – Read the reviews about our assistance to immigrants and their families like
    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Can an EEA national child apply for Registration as a British citizen without first obtaining Permanent Residence in the UK ?

    The answer if “No”, in line with the http://www.legislation.gov.uk/uksi/2015/1806/note/made

    “Regulation 7 amends paragraphs 7, 13 and 14 of Schedule 2 to the 2003 Regulations, which set out particular requirements as respects applications under sections 4(2) and 6(1) and (2) of the 1981 Act, respectively. Pursuant to the amended paragraphs, applicants relying upon an EU right of permanent residence in the United Kingdom in order to meet the relevant statutory requirement in the 1981 Act must provide with their application a valid permanent residence card or document certifying permanent residence or a residence permit or residence document issued under the Immigration (European Economic Area) Regulations 2000 which is endorsed under the immigration rules to show permission to remain in the United Kingdom.”

    >>> How to calculate the amount of adequate maintenance if the sponsor receives one of the specified allowances in order to sponsor a foreign spouse ?

    The answer can be found in the case of Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84(IAC): http://www.bailii.org/uk/cases/UKUT/...angladesh.html
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  5. #95
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    14 June 2018 – Read the reviews about our assistance to immigrants and their families like
    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Can the Entry Clearance Office (ECO) revoke the issued Indefinite Leave to Enter vignette, issued in error or discretionally ?

    Apparently, they may not, as if activated, then it may be binding: https://www.gov.uk/government/public...ntry-clearance

    “ECOs cannot revoke entry clearance that has taken effect as leave to enter (i.e. once the person has arrived in UK), or revoke, cancel or curtail that leave.”.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  6. #96
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    18 June 2018 – Read the reviews about our assistance to immigrants and their families like
    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Retained Rights of Residence for non-EEA citizens – No need to show the ex-EEA spouse’s economic activity during the divorce period: http://www.bailii.org/ew/cases/EWCA/Civ/2018/1088.html

    An important decision by the UK Court of Appeal (Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088) confirming that a third country national, in order to retain a right to reside in the UK in reliance on Regulation 10(5), does not need to show that their former EEA spouse exercised treaty rights as a “qualified person” until the divorce, the decree absolute, itself. Rather, it is sufficient to show that the former EEA spouse exercised treaty rights until divorce proceedings were commenced.

    >>> Home Secretary announces new “start-up” Immigration Route: https://www.gov.uk/government/news/n...tent=immediate

    According to one part of the announcement, it will replace the Tier 1 (Graduate Entrepreneur) route from spring 2019, although another part of the press release refers to it as an expansion, rather than a replacement.

    The first big difference between the new proposal and what currently exists is that applicants will not have to be recent graduates (left university within the last two years, as currently required under the Sirius programme) in order to apply for endorsement.

    The second big difference is that the group of entities which can endorse an applicant with a business idea is expanded from approved Higher Education Institutions and the government’s own entrepreneur programme, to “approved business sponsor(s), including accelerators”.

    This would mark a further move by the Home Office towards the greater use of third-party endorsements in the immigration system, currently the model used for applications in the Tier 1 (Exceptional Talent) route.

    The announcement also refers to making “the visa process faster and smoother for entrepreneurs coming to the UK” although no details are given on this.

    However, the original MAC report suggested that the accelerators – those “approved business sponsors” mentioned in the press release – should have to put a certain amount of cash into the start-up:

    “Accelerators should be required to provide a minimum investment, perhaps somewhere in the region of £20,000 to £30,000, usually in exchange for equity in the business to ensure that they are suitably incentivised to select only high potential entrepreneurs.”.

    With the above requirement it is hard to believe that the new programme will be really popular.

    >>> NHS exemption from Tier 2 visa quota confirmed in changes to Immigration Rules: https://www.gov.uk/government/public...4-15-june-2018

    The Home Secretary has today laid a Statement of Changes to the Immigration Rules to exempt doctors and nurses from the limit on visas for skilled non-EU workers. Sajid Javid and Jeremy Hunt, the Health Secretary, announced in a press release that “there will be no restriction on the numbers of doctors and nurses who can be employed through the Tier 2 visa route”.

    The NHS accounts for around 40% of all Tier 2 places, according to the Home Office.
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  7. #97
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    >>> New statement of changes to the Immigration Rules: HC1154: https://assets.publishing.service.go...Accessible.pdf

    All changes will come into force on 6 July 2018, although some only apply to applications made after that date.

    Returning residents

    Iindefinite leave to remain automatically lapses after two years’ absence from the UK. It is possible to have indefinite leave restored if you can show strong ties to the UK.

    The new Rules make clearer the distinction between people who have been absent for under two years, and those who have been absent for longer than two years. The former are no longer called “returning residents” and can return without a visa. The latter must apply for leave to enter and must show that they have strong ties to the UK and intend to make the UK their permanent home. Previously, the Rules simply said that returning residents had to show, “for example, that they had lived here most of their life”. This seems to be a relaxation of the position, which may be in order to cater for people returning under the Windrush scheme — the explanatory memorandum makes that link, at any rate.

    Exceptions for overstayers

    As it is currently drafted, paragraph 39E of the Immigration Rules allows overstayers to benefit from the exceptions for overstayers in two consecutive applications. Applicants applying after 6 July will only be able to rely on the exceptions once. For example:

    Sergei’s leave was expiring on 15 June 2017. He submitted an application for further leave to remain as a spouse on 20 June 2017. This application was out of time but within 14 days of his leave expiring. Sergei explained that he had been urgently hospitalised and could not have applied before. The Secretary of State accepts this as a good reason beyond Sergei’s control, such that his application can be considered under the rules, disregarding the overstay.

    However, Sergei’s application is refused because he did not meet the financial requirement. The refusal is dated 7 July.

    Previously, relying on paragraph 39E, Sergei would have had an opportunity to make another application by 19 July, and again disregarding the overstay. From 6 July, this will no longer be possible for Sergei. It is now only possible for an applicant to apply for further leave within 14 days of the expiry of the previous leave disregarding the overstay once.

    Another change to rules for overstayers, this time positive, is at paragraph 320(7BB) of the Rules, relating to general grounds for refusal. Paragraph 320(7B) means that an applicant who previously overstayed for 90 days or more before 6 April 2017, or for 30 days or more after 6 April 2017, might have an application for entry clearance refused for up to ten years.

    Paragraph 320(7BB) sets out the periods of overstay which are disregarded. From 6 July 2018, a period of overstay pending the determination of an out-of-time application where paragraph 39E applied will be disregarded when calculating the period of overstaying in paragraph 320(7B).

    Tier 1 (General)

    The rules relating to indefinite leave to remain for Tier 1 (General) Migrants will be deleted as the route closed on 6 April 2018.

    Tier 1 (Exceptional Talent)

    For applications submitted after 6 July 2018, the endorsement of arts applicants is being widened to include those in the fashion industry who are operating leading designer fashion businesses.

    Other changes are being made to the criteria for endorsement by each Designated Competent Body, including to evidential requirements and eligible awards for applicants in film and television.

    Tier 1 (Investor)

    Changes are made so that:

    • Applicants cannot withdraw interest and dividend payments generated before they purchased their investment portfolio

    • There is a further obligation on financial firms to scrutinise the suitability of applicants’ investment by having to confirm that the funds have only been invested in qualifying investments, and no loan has been secured against those funds.

    Tier 1 (Entrepreneur)

    There are minor amendments on when letters from legal representatives confirming signatures are required, and provision for accountants to confirm the investment has been made on the applicant’s behalf.

    Tier 2

    In summary doctors and nurses are now exempt from the limit on visas for skilled non-EU workers.

    Other, smaller, changes to the Tier 2 (General) route include:

    • Deletion of references to jobs sponsored at level 4 of the Regulated Qualifications Framework, as, since June 2012, this was increased to RQF level 6.

    • Clarification that an applicant cannot own more than 10% of shares, even if indirectly (for example via another corporate entity), in a limited company sponsoring them, save for certain exceptions. The old Rules did not specify that an application could not own the shares indirectly.

    • Applicants applying after 6 July 2018 who have been absent on maternity, paternity, shared parental or adoption leave will now need to submit evidence of the adoption or birth.

    • Finally, a migrant who has been absent for work without pay for four weeks or more will no longer have their Tier 2 leave curtailed when the absence was for assisting with a national or international humanitarian or environmental crisis overseas, providing their sponsor agreed to the absence(s) for that purpose.

    Absences for indefinite leave to remain applications

    Certain visa categories, including a number of the work-based categories, require an applicant to show they have been “continually resident” in the UK over a five-year period before they can apply for indefinite leave to remain.

    Continuous residence can be broken by absences for a period of 180 days or more in 12 months. Prior to 11 January 2018, the 180-day limit could not be exceeded in any of the five 12-month periods preceding the date of the application. A recent statement of changes, of 7 December 2017, meant that from 11 January 2018, an application could be refused if at any point over the five qualifying years, the 180-day limit is exceeded in any 12-month period.

    The change was so significant that a number of immigration practitioners lobbied for the change to only apply to those who were granted leave after 11 January 2018. The request has been accepted by the Secretary of State, who has introduced a transitional arrangement to ensure that the new absences calculation rule does not adversely affect applicants whose absences occurred during leave granted under Rules in place prior to 11 January.

    A second change to the Rules relating to when continuous residence is broken brings the entry clearance provisions in line with the more generous in-country provisions. Continuous residence will usually not be considered to be broken when the applicant left and returned provided they had leave, and there are some exceptions. Two new exceptions have been added:

    • where the applicant makes an application for entry clearance within 14 days of the leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative why the application could not be made during the currency of continuing limited leave; or

    • where a successful application for entry clearance is made following the refusal of a previous application to which an exception applied, and the application was made within 14 days of that refusal (or the expiry of the time limit for making an in-time application for administrative review, or any administrative review or appeal being concluded, withdrawn or abandoned or lapsing).

    Students

    Students who study certain subjects and learn “knowledge and skills that could be used in the proliferation of weapons of mass destruction” are subject to the Academic Technology Approval Scheme (ATAS). They must obtain a certificate before they can start studying those subjects. The Rules will be changed such that this requirement will be applied to all students regardless of the length of their studies (it previously only applied to those courses in excess of six months).

    Other changes include:

    • students are allowed to study on a study abroad programme, regardless of when the programme is added to their course

    • The minimum length that a postgraduate course needs to be in order for a Tier 4 migrant to be eligible to bring dependants with them to the UK is being reduced from 12 months to 6 months

    • Evidence of previous qualifications now include print-outs from awarding bodies’ online checking services, although the Home Office may still ask to see the original certificates of qualification or transcript of results

    • Students from certain countries are subject to different documentary requirements under Tier 4 of the Points Based System. The list of eligible countries is expanded and students may benefit from those different requirements even if they apply from their country of residence, and that is different from their country of nationality.

    Other changes

    Other changes include:

    • Removal of Croatians from the limit of allocated endorsements for Tier 1 (Exceptional) Talents and Tier 2 Certificates of Sponsorships. This is because, from 1 July 2018, the fifth-year anniversary of Croatia’s entry in the EU, Croatian nationals will no longer need authorisation to work in the UK and will benefit fully from EU movement rules.

    • Changes to list of approved government authorised exchange schemes for Tier 5 migrants

    • Confirmation that an adopted child with limited leave under the family Immigration Rules, who is aged 18 years or above by the time of their application for indefinite leave to remain, will need to meet the Knowledge of Language and Life requirement
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  8. #98
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    21 June 2018 – Read the reviews about our assistance to immigrants and their families like
    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Settled status for EEA citizens – the details have been announced – READ VERY CAREFULLY !

    Stop the press – the settled status will be a virtual thing – it will NOT be a document. How this will help the EEA citizens to prove their status at work, to the LandLord etc – go figure. Literary.

    Anyway, the details as they have been announced today by the Government.

    The Headline announcement: https://www.gov.uk/government/news/h...or-eu-citizens

    The 40 (!) pages Statement of Intent: https://www.gov.uk/government/public...ment-of-intent

    The 60 (!!) pages Draft Immigration Rules document: https://assets.publishing.service.go...18.pdf#page=41

    YOU ALREADY HAVE A 100 PAGE DOCUMENT


    Roughly 3.5 million EU nationals will need to apply for “settled status” or “pre-settled status” by June 2021, depending on whether they have lived in the UK for five years or under five years by the time they apply. This will be a VIRTUAL (see the explanatuion below) UK immigration status confirming the right to live and work in Britain, underpinned by a draft Withdrawal Agreement between the UK and the EU.
    The applications under the scheme will cost £65, or half that for children under 16. There is still no specific deadline for when people can begin to apply, but it will be “fully open” by 30 March 2019 — the first full day of Brexit.

    The three key requirements of a successful application under the scheme would be:

    • Presence in the UK
    • EU nationality
    • No serious criminal record

    The statement of intent fleshes out the requirements and application process. It is not, however, a comprehensive guide. The phrase “further details will be provided in due course” appears multiple times and many aspects remain unsettled — such as when people will be able to apply on paper rather than online, for instance.

    “No physical document will be issued” as proof of status. This is potentially a problem for people having to prove their right to rent or work in the age of the “compliant environment”. Will landlords and employers be willing to check an online database or will they simply turn to a native applicant who is less bother?

    Interesting points include:

    • Confirmation “those who are continuously resident in the UK but who happen to be abroad” when the post-Brexit transition ends on 31 December 2020 will be covered by the scheme. There is also a detailed definition - https://assets.publishing.service.go...18.pdf#page=14 - of “continuously resident”.
    • Confirmation that EU citizens “will not be required to show that they meet all the re-quirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance”.
    • Confirmation that applicants will not need to pay the Immigration Health Surcharge on top of their £65
    • Those who get “pre-settled status” (for those in the UK for less than five years) will not have to pay again to get full settled status
    • A table (Annex A - https://assets.publishing.service.go...18.pdf#page=36 ) of ev-idence that will be accepted by the Home Office as proof of residence
    • Details of the precise legal status that will be granted under UK law (indefinite or limited leave to remain)
    • The scheme will be open to citizens of non-EU Iceland, Liechtenstein, Norway and Switzerland “on a similar basis as for EU citizens”
    • The scheme will be open to Surinder Singh family members but NOT Zambrano, Chen or Ibrahim/Teixeira carers
    • Irish citizens, who do not need to apply for settled status, “may do so if they wish”
    • The scheme will be monitored by the Independent Chief Inspector for Borders and Immigration before an Independent Monitoring Authority is set up as required by the draft Withdrawal Agreement

    Those familiar with the notoriously complex UK Immigration Rules will be overjoyed to learn that there will be a new “Appendix EU - https://assets.publishing.service.go...18.pdf#page=41 ” for Home Office decision-makers to follow in deciding on settled status applications. There will be a short period of consultation on the draft Rules issued today, but I am told that the aim is to have them finalised and laid before Parliament before the next recess on 24 July 2018.

    The bottom line is, as we have been telling application for a long time, get your Permanent Residence NOW and apply to become a British citizen BEFORE Brexit. At least you will have a paper document on hand to confirm your status. We are here to help, now: https://legalcentre.org/Initial-Consultation.html
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  9. #99
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    26 June 2018 – Read the reviews about our assistance to immigrants and their families like
    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The Section 117B(6) of the Immigration Act 2014 and removal

    The Section 117B(6) of the Immigration Act 2014 states that :

    … (6)In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where—

    (a)the person has a genuine and subsisting parental relationship with a qualifying child, and

    (b)it would not be reasonable to expect the child to leave the United Kingdom.

    This is a rather useful section when lodging a family rights based application under the Appendix FM when the application, for example, does not have a valid leave (visa) to remain in the UK.

    >>> Different name in your national passport ? You may not be issued a new British passport then !

    The Passport Office’s normal policy is to refuse when an applicant used different names in a foreign passport. See https://www.gov.uk/government/public...-name-guidance
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  10. #100
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    27 June 2018 – Read the reviews about our assistance to immigrants and their families just like yours

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Can an appellant raise Human Rights grounds on appeal following an EEA application refusal ?

    The answer is likely to be “No” in line with the case Amirteymour v SSHD, EWCA Civ 353, unless the appellant was issued with the Section 120 Notice and/or also submitted (concurrently, paid for) the Human Rights application.

    In other words the Human Rights cannot be raised in the EEA Applications or Appeals (Amirteymour v SSHD, EWCA Civ 353). The reasoning is that the right of appeal (under regulation 26(1)) is specifically a right of appeal against an EEA decision. The EEA appeal should focus on EEA law.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

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