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14 year long residence appeal caught by new 2012 rules fails


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…the issue raised on this appeal may be stated in the following terms: was the Appellant entitled after 9 July 2012 (when the new Immigration Rules came into effect) to continue to accrue continuous residence for the purposes of the 14 year rule contained in paragraph 276B of the old Rules up until the date of the notification of his liability for removal on 2 August 2012 with the result that the FTT should have concluded, on the basis of the unchallenged facts as found by it, that he had indeed achieved 14 years continuous residence by that date in accordance with the old Rules? Or put another way, can the Appellant say that the Secretary of State’s removal decision on 2 August 2012 was not in accordance with the law or the old Rules, as by that date he had accrued 14 years continuous residence in the UK for the purposes of the old Rules?



Source: BB (Algeria), R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 25 (26 January 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.