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Update on Akinsanya litigation


22 March 2024: Update on Akinsanya litigation …


Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin)


The judgment in the second Akinsanya judicial review was handed down on 11 March 2024. The High Court ruled that the SSHD had misunderstood the operation of the Zambrano principle when writing guidance excluding those without another form of leave to remain from the EU Settlement Scheme.


However, the judge ruled that this misunderstanding did not affect the decision in the claimants' cases, and that the refusal of EU settled or pre-settled status to those applicants, like Ms Akinsanya, with another form of leave to remain, taken as a whole, was neither irrational nor discriminatory.


This is a positive outcome for applicants who did not have another form of leave during the relevant period, however, the practical effect of this judgment is unclear at this stage. We will provide further updates when available.


Please refer to this Free Movement article for further detail: