Anthony Metzer QC led Sanaz Saifolahi, on behalf of the Appellant, before the President of the Immigration and Asylum Chamber, Mr Justice McCloskey, on the application of the Surinder Singh rationale to the unmarried partner of a British National. There are currently no reported cases on this issue.
The Appellant is in a longstanding, durable relationship with a British national. The couple had previously lived in the Netherlands before returning to the UK.
The Appellant then applied for a Residence Card relying on Surinder Singh. The Secretary of State for the Home Office refused the application on the basis that Regulation 9 of the Immigration (EEA) Regulations 2006 did not apply as the couple were not married when they were living in the Netherlands.
Before the President, it was argued, inter alia, that:
- The rationale in Surinder Singh should apply equally to married and unmarried couples.
- Primary European law prohibits discrimination on the grounds of nationality and sexual orientation.
- Regulation 9 of the EEA Regulations is therefore incompatible with primary European law and has not adopted the rationale in Surinder Singh.
The case is currently pending a Reference to The Court of Justice of the European Union. The appeal before the Upper Tribunal is stayed in the meantime.