Published: 10th November,2025
Case: Ajmal & Hooi (new matter – “considered” – Reg 9(6)(b)) [2025] UKUT 00379 (IAC)
Our immigration lawyers in London are highlighting an important judgment for anyone appealing a refusal under the EU Settlement Scheme (EUSS). The Upper Tribunal has clarified when Article 8 human-rights arguments—such as family or private life in the UK—can be considered during an EUSS appeal.
This decision is highly relevant for individuals seeking immigration advice, visa support, or legal representation from an immigration law firm in the UK.
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🔑 What did the Tribunal decide?
✅ The Tribunal does have power to consider Article 8 arguments in EUSS appeals
❌ BUT only if the Home Office already considered those human-rights issues in the refusal decision
If the Home Office did not assess Article 8, then it becomes a “new matter”, and the Tribunal cannot deal with it unless the Home Office gives consent.
▶ Simply including Article 8 submissions or family-life evidence with an EUSS application does not count as the Home Office considering it.
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🔑 Why this matters
• An EUSS refusal is not the same as refusing a human-rights claim
• The Tribunal cannot hear Article 8 unless the Home Office consented
• Many applicants will now need a separate human-rights application (for example, a family visa or private life claim)
This ruling confirms the approach in Celik and Dani and rejects the interpretation in Ayoola.
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✅ Who is affected?
Anyone relying on:
✔ British or settled family members
✔ A partner or spouse in the UK
✔ Long residence or private life
✔ Medical or compassionate circumstances
If your family life or private life will be disrupted by leaving the UK, you may need a separate application under Appendix FM, the Private Life rules, or a human-rights claim, rather than only an EUSS application.
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✅ How Lumine Law can help
Lumine Law is a specialist UK immigration law firm providing expert visa and immigration services. Our London immigration solicitors assist with:
• EUSS applications and appeals
• Family visas and spouse visas
• Skilled Worker visas
• British citizenship and naturalisation
• Human-rights and Article 8 claims
• Litigation services and Tribunal appeals
• UK visa application assistance
• Immigration consultancy in London
If you searched for “immigration solicitors near me”, “UK immigration lawyer”, or “family visa solicitors London”, our expert team is here to help.
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Contact Lumine solicitors
📞 0203 950 2246
📧 info@luminelaw.co.uk
🌐 www.luminelaw.co.uk
For tailored immigration advice in London or anywhere in the UK, speak to our specialist team today.
