Upper Tribunal: No 'Realistic Prospect' Policy In EUSS Zambrano Cases

1. Introduction

In its judgment in Maisiri (EUSS; Zambrano; 'Realistic Prospect' policy) [2024] UKUT 00235 (IAC) promulgated on 21 June 2024 and reported on 16 August 2024, the Upper Tribunal confirmed that it is not incumbent on a decision-maker considering an EUSS application from a person with a Zambrano right to reside to assess whether the applicant has a realistic prospect of securing leave to remain under a different provision of the Immigration Rules. Insofar as the Home Office's relevant guidance purports otherwise, the Upper Tribunal held it is wrong.

I represented the appellant before the First-Tier Tribunal and the Upper Tribunal, where he had the role of the respondent following an appeal by the Secretary of State for the Home Department ('SSHD'), on instructions from Alex Beadon of Legal Rights Partnership.