Further to our earlier posts, we are very pleased to report that the Immigration (European Economic Area) Regulations 2016 have finally been amended to implement the CJEU Judgment in Secretary of State for the Home Department v Banger (C89-17) 12th July 2018. Anthony Metzer QC and Sanaz Saifolahi continue to represent Ms Banger.
The Immigration (European Economic Nationals) (EU Exit) Regulations 2019 were laid before Parliament on 7thMarch 2019. Section 3 implements the Judgment in Banger and amends the 2016 Regulations. Extended Family Members will have a right of appeal to the First Tier Tribunal. In addition, Regulation 9 will also apply to the unmarried partner of a British National as it applies to the spouse of a British National.
The implementation date is 21 days after 7thMarch 2019 according to provision 1 (2) of these Regulations.
The resumed hearing for Ms Banger following the Reference to the CJEU is listed on 20thMarch 2019 at the Upper Tribunal before the President of the Upper Tribunal, Mr Justice Lane and Upper Tribunal Judge Rimington.