Ali (claimant/appellant) v Secretary of State for the Home Department (defendant/respondent)
Wednesday 3 July 2024
Ali (claimant/appellant) v Secretary of State for the Home Department (defendant/respondent)
Appeal against the order of Mr Justice Lane dated 30 June 2023 dismissing the application for judicial review.
The Applicant is a citizen of Bangladesh. She entered on the UK in December 2014 on a EEA family permit aged 19 as the family member of her mother who was the EEA national. She became estranged from her mother and other family and lived independently from at least July 2016 when she was 20. It is then she marries her husband a national of Bangladesh. She does not assert that after this time was financially dependent on her mother. On 9 October 2019 the applicant made an application for pre settled status/limited leave to remain under the EUSS as the family member of her mother. On 24 September 2020 the application was refused as the applicant was not on the date of the decision dependant on her mother. The respondent stated that this was a requirement since the application was now over 21. Administrative review was unsuccessful. The applicant submitted that the decision was contrary to the Withdrawal Agreement in that a person granted limited leave under 21 who then reaches 21 does not require to prove dependency on the EU citizen, but someone who previously was granted a residence card and then reaches 21, is required to demonstrate such dependency.
View hearing: