Reference made to CJEU on EFM appeal rights!

This space will be updated as more information comes to light but for now anyone who is waiting for the FtT to reject their EFM appeal for want of jurisdiction will find this link very helpful and useful as it has successfully been argued and Order for Reference to the CJEU made to, inter alia, determine this very issue of jurisdiction.

By Order dated 20th January 2017, the President of UT made an Order for Reference to the CJEU. One of the Reference questions is:

“Is a rule of national law which precludes an appeal to a court or tribunal against a decision of the executive refusing to issue a residence card to a person claiming to be an extended family member compatible with the Directive?.”

This Reference question is directly relevant to the issue of the jurisdiction of the Tribunal following the case of Sala (EFMS: Rights of Appeal) [2016] UKUT 411 and will be relevant to EFM who currently have no right of appeal to the Tribunal.

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