Secretary of State for the Home Department v Rafiu

The Court of Appeal has today handed down judgment in the above appeal, which concerned individuals who made applications for EEA family permits under the Immigration (European Economic Area) Regulations 2016 in order to be admitted to the UK as the primary carer of a British national child. The central issue in the appeal was whether, on the proper interpretation of the legislative framework, the Secretary of State had power to grant an EEA family permit to a person as a primary carer of a British national where the application for such a permit was made before the end of the transitional period but determined after the end of that period.

Jason Pobjoy KC was appointed by the Attorney General as Advocate to the Court, in circumstances where the Respondent was not represented. The Court of Appeal accepted the submissions of the Advocate to the Court, and dismissed the Secretary of State’s appeal.

A copy of the judgment is available here.