Pending appeals of Extended Family Members of EEA Nationals in the UK

For around a decade extended family members (EFMs) of EEA nationals in the UK had the right to appeal to the first-tier tribunal against the decision to refuse their confirmation of residence card application by the Home Office. However in Sala [2016] UKUT 411 (IAC) the Upper Tribunal held there was no right of appeal against refusal of extended family member’s residence card application.

Prior to Sala appeals were exercised under Immigration (EEA) Regulations 2006, specifically regulation 17 and 26. The Home Office while discussing the decision of Sala held that during the 2006 Regulation, floodgates of application were received by the Home Office which later led to complexities hence Sala was then the only solution.

Presently all logged appeals which are in line to be heard with respect to the same issue will be filtered by the First Tier Tribunal as invalid. In such circumstances those who have already filled an appeal are considered as invalid or those applicants who had their cases being heard but are now not entertained, because of the former reason, will have no option but to file a Judicial Review. The judicial review will be filed on public law basis and will solely be inclined towards the law and evidence prior to the decision of Sala.

The applicants who have appeals pending with the Asylum and Immigration Tribunal against refusal of confirmation of residence card application as extended family members (EFM) of European nationals in the UK are therefore at risk of getting detained and removed from the UK, as these appeal would be considered as invalid and could not be considered as a bar on removal. It is therefore quite important for such dependents of EEA members to have their status in the UK sorted out at the earliest, as getting out of detention by temporary admission or Immigration bail is quite a complex procedure and certainly a costly one!

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