Home / Cases / EWHC 3313 (Admin)

EWHC 3313 (Admin)

13/01/2025

On 19 December 2024, the High Court dismissed this judicial review. The Appellant was an Indian national, whose brother and parents had pre-settled status under Appendix EU through his brother’s wife, an EEA national. He arrived in the UK on 18 August 2021 as a visitor with leave valid for six months. This was after the cut-off point for an application to be made to the EU Settled Status scheme (“EUSS”), and after the deadline for applying for a document “facilitating” his residence, an essential prerequisite for leave under EUSS.

Following his becoming an overstayer, he was served a s.120 notice. In his response he sought, among other things, leave under the EUSS and leave arising from Article 8 ECHR. These submissions were refused in May 2023 on the basis that there was no EUSS claim as the correct application process had not been followed, but that he could make an application should he wish and be eligible. In respect of Article 8, his submissions were refused because he only had limited ties to the UK.  He was detained and received a notice of intended removal. The Appellant submitted as part of his judicial review claim that the proportionality assessment was unlawful because it failed to consider at all whether he satisfied the requirements of the Immigration Rules in respect of the EUSS claim.

The SSHD submitted that regardless of whether the Appellant’s submissions on that point were correct, the decision would be highly likely not to have been substantially different, because the underlying EUSS claim would have been hopeless. Therefore the judge was required by s.31 of the Supreme Court Act 1981 to dismiss the claim and did not need to go into the above question.

 Simon Tinkler sitting as Deputy High Court Judge agreed, and dismissed the claim. There were a number of other arguments, for example an assertion that there was a breach of the SSHD’s obligations under the Withdrawal Agreement, made by the Appellants, which were dismissed on their merits.

Related Barristers

Personal Injury
Public Law
International Law
Automated & Electric Vehicles
Business & Human Rights
Collective Redress
Inquiries

Paul Erdunast

Call 2018

Read more

Menu

Close

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)