Shuyeb Muquit acted in the case of Geci (EEA Regs: transitional provisions; appeal rights) [2021] UKUT 285 (IAC), a case concerning the refusal of a residence card under EU law following Brexit. The Upper Tribunal took the opportunity to set out transitional provisions and confirm the continuing preservation of EU rights and in particular rights of appeal – more specifically the right to have confirmed an entitlement to a residence card.
The case has wide implications for those whose appeals against a refusal to issue a residence card was dismissed on public interest grounds, bearing in mind that the appeal to the tribunal is on the basis that the appeal is not in accordance with EU treaties rather than EEA regulations, and the former do not preclude the grant of residence cards on public interest grounds. As a result, there may be many individuals who can now claim to have been wrongly refused residence cards.
Shuyeb was instructed by Malik & Malik Solicitors. You can read the judgment here.
