R Ishmail v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Beatson |
| Judgment Date | 26 April 2016 |
| Neutral Citation | [2016] EWCA Civ 831 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C2/2015/0987 |
| Date | 26 April 2016 |
[2016] EWCA Civ 831
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Beatson
Case No: C2/2015/0987
The Applicant did not attend and was not represented
The Respondent did not attend and was not represented
The court has been informed that there will be no applicant in attendance on this renewed application for permission to appeal against the decision of the Upper Tribunal. The applicant was invited to make an application for adjournment and given time to do so but has not. Accordingly the hearing proceeds and I shall now give my decision, having considered the papers and grounds upon which permission to appeal is sought.
First, I summarise the facts. The applicant first entered the United Kingdom as a student in July 2007. On 5 April 2011 he applied to remain as a Tier 1 highly skilled worker. His leave as a student ended on 28 May that year. His application for Tier 1 leave was rejected and an appeal against that was dismissed by the Tribunal on 5 February 2012. In the meantime on 7 March 2011 the applicant had applied for an EEA residence card. A further application for a card was made on 24 May 2012. The earlier applications were refused in November 2012. By that time the applicant had applied for a derivative residence card as the carer of his uncle who was said to be disabled.
The decision challenged in these proceedings is the decision of the Secretary of State refusing to issue a derivative residence card. It was made on 9 May 2014. The reasons for refusing were that the requirements of paragraph 15A(1), (4A) and (7) of the Immigration (European Economic Area) Regulations 2006 (as amended) were not met because the applicant had not provided evidence of being his uncle's direct relative or guardian and he had not produced his original passport or an identity card. There was also in the Secretary of State's view no satisfactory evidence of his having primary responsibility for his uncle's care.
The family situation is that the applicant lives with his mother, who has indefinite leave but not citizenship, and his uncle. The evidence about his...
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