Anthony Metzer QC, Head of Chambers, and Sanaz Saifolahi of Chambers’ immigration team have been nominated for the Bar Pro Bono Awards 2019, sponsored by Lexis Nexis.
Both nominations follow Anthony’s and Sanaz’ pro bono work in the case of Banger, heard in the Court of Justice of the EU in 2018 and in the Upper Tribunal earlier this year in March.
Given the novel legal issues raised within the appeal, the Upper Tribunal made a Preliminary Reference to the Court of Justice of the European Union (CJEU) in February 2017 and stayed the UK proceedings pending Judgment in the CJEU, which was delivered in July 2018. Anthony and Sanaz both acted pro bono from the point of Reference to the conclusion of the appeal in April 2019. This work included all written submissions, bundle preparation and appearing at the hearings at the CJEU in Luxembourg and the two Upper Tribunal hearings in the UK as well as the client conferences.
The three core issues in the Reference, which had never been determined before, either domestically or internationally, were:
- Does the Surinder Singh route apply to unmarried partners?
- Does a decision-maker have to undertake an extensive examination of the personal circumstances of an extended family member before refusing to grant them the residence authorisation that they need?
- Are extended family members entitled to a right of appeal?
The legal issues raised significant points of public importance and impacted upon a large proportion of EU/British nationals/their families and extended families seeking to establish their rights and was widely reported.
Following the successful Judgment in Banger, the law in the UK was directly amended twice, with the explanatory notes expressly stating reliance upon it. The Immigration (European Economic Area) Regulations 2016 via the Immigration (European Economic Nationals) (EU Exit) Regulations 2019 (laid before Parliament on 7th March 2019), re-introduced a right of appeal to extended family members. In addition, the Regulations were amended to enable unmarried partners of British citizens and also other extended family members to rely on them. Due to Anthony’s and Sanaz’ commitment to this landmark case over a period of three years, the categories of people who are now able to access the Regulations and a right of appeal has been significantly extended.
