Michael Biggs for the Appellant Court of Appeal upheld the decision of the Upper Tribunal that MS, an adult “Zambrano carer”, must be allowed to remain in the UK to ensure the substance of her elderly mother’s EU law rights are not undermined.

MS (Malaysia) [2019] EWCA Civ 580 the Court of Appeal upheld the decision of the Upper Tribunal that MS, an adult “Zambrano carer”, must be allowed to remain in the UK to ensure the substance of her elderly mother’s EU law rights are not undermined. 

The case is important in showing that adult Zambrano carers can succeed in establishing their entitlement to stay in the UK. It is also useful in identifying the legal principles to be followed by courts and tribunals in these cases. Particularly notable in this respect is that the Court rejected the Secretary of Sate’s reliance upon the availably of State funded care, making the point that this was not a “trump card”.  Also notable is the Court’s acceptance of a species of “deference” indicating that courts should be slow to interfere with the expert judgment of the Upper Tribunal. 

Michael Biggs, whose submissions underpinned the Court’s analysis, appeared for the successful respondent, MS.

He also won for MS in the First-tier and Upper Tribunals.