UT Neutral citation number: [2023] UKUT 00076 (IAC)
Kutbuddin (Reg 9; EEA Regs; lawful residence) Upper Tribunal (Immigration and Asylum Chamber)
Summary:
The requirement that an EFM must show prior lawful residence in another member state is not a requirement of EU law, nor is it endorsed by the CJEU. There is no basis in law for the conclusion reached by the Respondent, and the First-tier Tribunal, that these Applicants are not eligible for residence cards simply because they failed to show that they were “lawfully resident” for the entire time that they lived in Ireland with their Sponsor. In treating the requirement at Regulation 9 (1A)(b) of the Immigration (European Economic Area) Regulations 2016 as determinative the decision-maker breached the Appellants’ rights under the EU Treaties in respect of their residence in the United Kingdom.
For the Appellant: Mr C. Holmes, Counsel instructed by Parkview Solicitors
