Immigration Solicitors

In a pivotal judgment, the Court of Appeal overturned a previous decision by the Administrative Court, ruling in favour of our client in the case of R (Ali) v Secretary of State for the Home Department, with the Independent Monitoring Authority intervening. As a result, our client has been granted indefinite leave to remain within the UK.

The case concerned the refusal of an application under the EU Settlement Scheme (EUSS) by the Secretary of State for the Home Department (SSHD). Our client, seeking status as a family member of her mother, an EU national, had her application rejected due to an alleged failure to meet eligibility requirements. At the time of the application, she was estranged from her mother and living separately, preventing her from providing evidence of financial dependency—a key criterion under the scheme.

In a Judgment handed down on 10 December 2024, Lord Justice Green, Lord Justice Singh, and Lord Justice Underhill, found in favour of our client, concluding that the decision to refuse the application was flawed. The court ordered that the SSHD’s decision be quashed and the application re-determined in accordance with their ruling.

The Judgment of Lord Justice Green provides a detailed analysis of the interpretation of the Withdrawal Agreement between the UK and the EU (WA), the Citizens Rights Directive (CRD), and case law of the Court of Justice of the EU as it relates to dependent relatives of EU nationals. He concluded that the High Court had applied the wrong point in time for the determination of dependency, which should in his view be measured as of the date of the application of the dependent to join the EU worker in the host state. In doing so, Lord Justice Green also considered that the High Court had failed to consider how its result was consistent with the duty to construe the WA and CRD in a manner which meets the test of equality and facilitates and protects fundamental rights, which include the right to work, having a private life, and to marry. 

Lord Justice Singh agreed with the Judgment of Lord Justice Underhill, whose conclusion was based on the judgment of the CJEU in Reyes, in which the Court held that the right to work accorded to family members by Article 23 of the CRD trumps the requirement of continuing dependency in Article 7 (2). In doing so, he, along with the other Judges, endorsed the submissions of the European Commission on this point. On 19 May, our client was granted indefinite leave to remain, a significant and well deserved result following a lengthy legal process.

The Appellant’s legal team were Solicitor Hannah Baynes and Trainee Solicitor Lily Weatherby of the Public Law Department at Duncan Lewis. The Appellant instructed Chris Buttler KC of Matrix Chambers and Charlotte Bayati of Goldsmith Chambers as counsel. We were grateful for the input of the Independent Monitoring Authority for the Citizens Rights Agreements, who intervened in this appeal, and who instructed Galina Ward KC of Landmark Chambers and Aarushi Sahore of Brick Court Chambers.

Hannah Baynes, solicitor for the appellant, says: “I am delighted that after years of uncertainty, there is now a light at the end of the tunnel for our client. This is an important Judgment addressing the interpretation of the Withdrawal Agreement between the UK and EU as it applies to dependent relatives. I hope that it will lead to positive outcomes for others in the Appellant’s situation who have been impacted by the negative consequences of Brexit”.

Following the client being granted indefinite leave to remain, Hannah says: “It is wonderful news to see this judgment having an enormous benefit on my client’s future, as she is able to remain in the UK permanently, after many years of uncertainty. In granting her indefinite leave to remain, the Home Office has recognised what we believe they should have done all along – that our client did not need to show she was dependent on her mother to be granted leave under the EUSS scheme, but only that she had been working in the UK”.

The Team

Hannah Baynes is a Solicitor at Duncan Lewis Solicitors, specialising in Public Law and Immigration. She has extensive experience in Judicial Review proceedings, focusing on representing vulnerable individuals, including victims of torture, trafficking, and disputed minors.

Hannah has successfully challenged asylum certifications and removal directions to countries like Cyprus and Italy, as well as securing emergency stays on deportations to Afghanistan and Nigeria based on health and fitness concerns. She is passionate about defending the rights of those facing complex and high-stakes immigration issues.

For advice in any public law contact Hannah via email hannahb@duncanlewis.com at or by telephone on 07342 081714.

Lily Weatherby is a Trainee Solicitor in the Public Law department at Duncan Lewis Solicitors, based in the Manchester office. She works on cases involving judicial reviews, asylum, and immigration matters under the supervision of Hannah Baynes.

Lily is dedicated to developing her expertise and providing comprehensive support to clients, including those navigating complex immigration bail conditions.

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a leading UK law firm, recognised for its excellence across a broad spectrum of legal services. Ranked Top Tier in Legal 500 and Chambers and Partners, the firm was named Law Firm of the Year at the LexisNexis Awards 2024, following its win in the same category at the Modern Law Awards 2023.

The firm’s Immigration and Public Law team is particularly renowned for handling complex and high-profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable.