UI2023002629

             The Secretary of State appeals with permission a decision of First-tier Tribunal Judge S.J Clarke ('the Judge'), promulgated on 27 April 2023, in which the Judge allowed Ms Crossdale's appeal against the Secretary of State's refusal, dated 10 August 2022 of her application for permission to remain in the UK as a person with a Zambrano right to reside.

             The Judge considered the merits of the appeal on the papers, in accordance with Ms

             At [8] the Judge refers to High Court judgement in R (Akinsanya v Secretary of State the Home Department [2021] EWHC 1535 (Admin) in which it is stated the Secretary of State said that Zambrano applications would continue to be considered after July 2021 and that they would be considered in accordance with the 2016 Regulations as if those regulations had not been revoked.

             The Judge finds Ms Crossdale made her application within the time limit set out by the Secretary of State and expected the application to have been considered. The Judge finds this did not occur and that it was also clear that the Secretary of State extended the deadline for making such applications from 1 July 2021 to June 2022 in relation to an appellant who has a Zambrano right to reside in accordance with the 2016 Regulations.

             The Judge refers to Mostyn J finding there was nothing to show that a grant of leave to remain automatically extinguished a claim for Zambrano residence and find at [10] that it had been found by the Court of Justice of the European Union that limited national leave to remain and a wider Zambrano right to remain in many cases can and will coexist.