Upper Tribunal Warning to Legal Practitioners On Wider Applicability Of Surinder Singh Principles:With Doubt Cast On Co- Existence With Citizen’s Directive/ 2006 EEA Regulations

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.

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