On 6 November 2015, the Upper Tribunal notified their decision in Osoro ( Surinder Singh) [2015] UKUT 593 (IAC). They concluded their decision with observations seeming to cast strong doubt upon the continuing effectiveness of Surinder Singh following the coming into force of the EEA Regulations. Having raised doubt as to the co- existence of Surinder Singh with the Regulations, the Upper Tribunal regrettably did not take it upon themselves to answer the very questions they had unilaterally raised. To top it all , there is an equally strong warning from the Upper Tribunal to legal practitioners and Judges to take care in considering what was actually decided in Surinder Singh. It seems we do not appear to be understanding the ratio decidendi, in that judgement. The Appellant and Sponsor in Osoro however appears to have been legally unassisted and as such the warning to legal practitioners might perhaps have awaited adjudication upon a specific and appropriate case both where an appellant was legally represented and where the raised issues could have been fully ventilated in relation to the questions the Upper Tribunal have regrettably deferred to a future case.
