Home > News > Zambrano EUSS rules declared unlawful on appeal (R (Akinsanya) v SSHD)

Charles Bishop has a case analysis published in LexisNexis.

Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 – EXC0003757: The Court of Appeal has partially upheld the decision of Mr Justice Mostyn in finding that the Home Office’s rules for applications by Zambrano carers under the EU Settlement Scheme (EUSS) are unlawful.

While the court held that Mostyn J was incorrect to find that the Secretary of State for the Home Department (the SSHD) misunderstood the requirements of the Zambrano jurisprudence under EU law, it agreed with Mostyn J that she had misunderstood the requirements of domestic law, and thus the rules were unlawful.

To read the full case analysis by Charles Bishop, please follow this link (subscription required).

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