Charlotte Bayati, a senior practitioner in the immigration and public law team, has secured permission to apply for Judicial Review in the High Court challenging a Home Office refusal to grant the Claimant Pre-Settled Status in the UK.
The challenge involves grounds that certain provisions of Appendix EU are not compatible with the Withdrawal Agreement, governing the terms of the UK’s withdrawal from the European Union. An extract from the Order granting permission is included below for ease of reference.
The Claimant had previously been issued with a Residence Card as a Direct Family Member under EEA law and the Immigration (EEA) Regulations 2016 when she was under 21 years old. However, when it came to their application under the EU Settlement Scheme, via Appendix EU of the Immigration Rules, the Claimant was then over the age of 21 years old and the Secretary of State for the Home Department has refused her application on the basis that she was not able to show current dependency on their parent, the EEA national.
In the Order, the Court records that the Defendant has recognised that the grounds raise novel issues and public interest considerations.
Charlotte is instructed by Morgan Hill Solicitors.
Related barristers: Charlotte Bayati