Source: All England Reporter
Publisher Citation: [2015] All ER (D) 28 (Dec)
Neutral Citation: [2015] EWCA Civ 1233
Court: Court of Appeal, Civil Division

Jackson, Black and Briggs LJJ

Representation Shivani Jegarajah and Claire Physsas (instructed by Duncan Lewis (Solicitors) Ltd) for the appellant.
  John McKendrick (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 1 December 2015


Immigration - Appeal - Upper Tribunal (Immigration and Asylum Chamber) - Jurisdiction - Appellant Sri Lankan's application for asylum and claim to remain in United Kingdom on human rights grounds being refused - Appellant applying for EEA residence card as dependent of German national father living in UK - Respondent Secretary of State refusing application - Appellant appealing to First-tier Tribunal (Immigration and Asylum Chamber) (FTT) - FTT finding appellant not being entitled to contend asylum and human rights grounds on appeal - Upper Tribunal affirming decision - Whether appellant having been entitled to raise asylum and human rights claims on appeal - Immigration, Nationality and Asylum Act 2002, s 120 - Immigration (European Economic Area) Regulations,

The Case

Immigration Appeal. The Court of Appeal, Civil Division, dismissed an appeal against a decision of the Upper Tribunal (Immigration and Asylum Chamber) that it did not have jurisdiction to consider an appeal. The original decision to refuse the appellant an EEA residence card had been made under the Immigration (European Economic Area) Regulations, SI2006-1003. No one stop notice had been served under s120 of the . Therefore, the appellant had not been entitled to raise asylum and human rights grounds on appeal, and had been constrained to appealing the original decision under the Regulations.

Practice Areas

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