REBECCA PENFOLD HAS FURTHER SUCCESS IN AN EEA IMMIGRATION APPEAL

26 February 2018

Rebecca recently represented Ms M on an appeal against the decision of the SSHD to refuse to issue a residence card under the EEA Regulations. The SSHD refused the application on two grounds: 1) an allegation of marriage of convenience, and 2) that the EEA spouse was not exercising treaty rights. On appeal before the First Tier Tribunal, the SSHD acknowledged the decision of the Supreme Court in Sadvoska [2017] UKSC 54 and conceded the allegation of marriage of convenience. The SSHD maintained that the EEA spouse had not been working and not exercising treaty rights, thus they maintained that Ms M was not entitled to a residence card. The Immigration Judge found favour in Rebecca’s submissions and allowed the appeal. Rebecca was instructed by Sterling & Law Associates.