We have written on our blog previously about the case of Mahmood and Atif v Minister for Justice and Equality, the judgment of the High Court issued on 14th October 2016.
It is our understanding that this ruling of the High Court has been appealed to the Court of Appeal by the Respondent.
We note that this case is to be mentioned before the Court of Appeal in late March 2017, to be given a date for hearing of the appeal.
We understand that the Respondent has sought a stay on the High Court order that the visa applications in this case are processed within a six-week period. It is understanding that the Court of Appeal has refused to grant such an order.
We hope that a decision in the Mahmood and Atif case is issued to the applicants within the time frame ordered by the High Court in these circumstances.
We note that the Court of Appeal may go on to consider the appeal application in Mahmood and Atif on the principles raised by the case.
Our clients still continue to experience unreasonable and unlawful delays in the processing of visas for their family members under Directive 2004/38/EC and The European Communities (Free Movement of Persons) Regulations 2015 and we submit that such delays are inexcusable and unjustifiable.
If you or your family are impacted by these issues or similar issues, please do not hesitate to contact us to discuss this in more detail.
BERKELEY SOLICITORS IMMIGRATION TEAM