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Public Law Solicitors
Upper Tribunal Allows Appeal Under EEA Regulations after Duncan Lewis Solicitors Challenge (4 November 2025)
Date: 04/11/2025
Duncan Lewis Solicitors has successfully represented a client in a long-running immigration matter that progressed from the First-tier Tribunal (FtT) to the Upper Tribunal (UT), ultimately resulting in a positive outcome under the Immigration (European Economic Area) Regulations 2016.
The client, a non-EEA national who arrived in the UK to join their EEA national spouse, was granted an EEA Family Permit and later a five-year Residence Card. The couple have two children — one a British citizen and the other with settled status.
Following a period of personal difficulty, the client faced proceedings that led to a decision by the Secretary of State to remove them from the UK. Their initial appeal on human rights grounds was unsuccessful. A subsequent application under the EU Settlement Scheme was also refused, prompting a further appeal under the 2016 EEA Regulations on the basis that the relevant conduct pre-dated the Brexit transitional period of 31 December 2020.
Although the FtT dismissed the appeal, permission was granted to appeal to the Upper Tribunal. After identifying an error of law in the earlier decision, the case was reconsidered by Upper Tribunal Judge Khan, who allowed the appeal on 8 October 2025. The Secretary of State did not seek to appeal the decision further.
The case received national media coverage and sparked discussion about the ongoing effect of retained EU law. The decision reaffirmed that the Upper Tribunal remains bound to apply the legal framework approved by Parliament, ensuring fairness and consistency in post-Brexit cases.
The client was represented by Rajni Chodha, a Solicitor in the Immigration and Public Law departments at Duncan Lewis Solicitors, who has extensive experience handling complex deportation, EU law, and human rights cases. Counsel in the matter was Tomor Bahja.
About Duncan Lewis Solicitors
Duncan Lewis Solicitors is one of the UK’s leading law firms, recognised for its expertise in immigration, asylum, and human rights law. The firm regularly represents clients in complex and high-profile cases, advocating for fairness, access to justice, and the proper application of the rule of law.