Sanaz Saifolahi

Immigration Barrister

Recent Notable Cases

Hasanaj v Secretary of State for the Home Department [2024] EWCA Civ 777

The Court of Appeal found that the stamp in Mr Hasanaj’s passport admitting him into the UK under the EEA Regulations was facilitation and as such Mr Hasanaj was protected by the Withdrawal Agreement. The Judgment reverses the Decision in Allaraj (EEA EFMs, admission, IO’s stamps )[2023] UKUT 00277.

Secretary of State for the Home Department v Have Rexhaj [2024] EWCA Civ 784

The Court of Appeal allowed the SSHD appeal against the Decision of the Upper Tribunal, finding that assumed dependency does not apply to an application made under Appendix EU after 1^st July 2021 even when SSHD has assumed dependency in an earlier successful application under Appendix FP. The appeal has been remitted to the Upper Tribunal.

Elais v Secretary of State for the Home Department [2022]

Sanaz represented the appellant before the FtT against the refusal of a residence card as a durable partner of an EEA National. The case was later reported in the Upper Tribunal.

The Queen on the application of P v SSHD [2019]

Sanaz was led by Anthony Metzer KC in this significant judicial review where it was argued that the EEA Regulations were unlawful in failing to recognise the extended family members of an EEA national’s spouse. A second challenge was raised challenging the removal of appeal rights for extended family members following Banger. The SSHD conceded the written application on the basis that she would amend the Regulations, which was done – see changes in regulations here.

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 00194(IAC)

Secretary of State for the Home Department v BangerC-89/17

Judgment of the Court of Justice of the European Union which has resulted in an amendment to The (European Economic Area) Regulations 2016. These amendments have reinstated appeal rights for extended family members and have extended the application of Regulation 9 to include extended family members.

Banger (Unmarried Partner of British National : South Africa)[2017] UKUT 125 (IAC) (30 March 2017)

Led by Anthony Metzer KC.  Reference to the Court of Justice of the European Union. Issues: whether the rationale in Surinder Singh applies to the unmarried partner of a British National. Furthermore, whether the removal of extended family members’ appeal rights is contrary to primary EU law.

LS (Article 45 TFEU – derivative rights)[2018] UKUT 00426 (IAC)

LS was the primary carer of a British Citizen child. It was successfully argued that Article 45 of the TFEU applied and that on this basis LS ought to be able to remain in the UK.

PUBLICATIONS AND SEMINARS

• Fivehundredmagazine contributor – “Covid-19 and exam chaos: How chambers can help the next generation”.
• Butterworths Immigration Law Supplement (Regular contributor to the European Division).
• “Brexit and business immigration” LexisNexis.
• Sanaz was interviewed by Lexis Nexis about the Judgment in Banger.

Assessor for the Law Society Immigration Law Advanced Accreditation Scheme