EA105442021 [2023] UKAITUR EA105442021 (21 March 2023)

EA105442021 [2023] UKAITUR EA105442021 (21 March 2023)

The First-tier Tribunal erred in law by allowing the appeal under the 2016 Regulations when no such decision had been made by the respondent and no extant appeal existed. The application was treated as under the EUSS, for which the appellant did not meet the definition of family member. The Tribunal had no jurisdiction to consider the 2016 Regulations without the respondent's consent to a new matter.

Citation
[2023] UKAITUR EA105442021
Parties
Appellant/respondent: The Secretary of State for the Home Department; Respondent/appellant: MD Foyage Ahmed
Jurisdiction
United Kingdom
Judgment Date
21 March 2023
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal
Outcome
appeal dismissed
Legal Topics
EU Settlement Scheme, EEA Family Permit, Withdrawal Agreement, Jurisdiction of Tribunal, Dependency Under EEA Regulations
Immigration Law European Law EU Settlement Scheme EEA Family Permit Withdrawal Agreement Jurisdiction of Tribunal Dependency Under EEA Regulations

Case Brief

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Parties

The Secretary of State for the Home Department

Appellant/respondent

MD Foyage Ahmed

Respondent/appellant

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal From First Tier Tribunal

Legal Issues

  1. 1 Whether the appellant's application was under the EUSS or the EEA Regulations 2016
  2. 2 Whether the First-tier Tribunal erred in allowing the appeal under the 2016 Regulations
  3. 3 Whether the respondent was required to consider the application under both the EUSS and the 2016 Regulations

Ratio Decidendi

The First-tier Tribunal erred in law by allowing the appeal under the 2016 Regulations when no such decision had been made by the respondent and no extant appeal existed. The application was treated as under the EUSS, for which the appellant did not meet the definition of family member. The Tribunal had no jurisdiction to consider the 2016 Regulations without the respondent's consent to a new matter.

Court Disposition

appeal dismissed

Orders

  • The decision of the First-tier Tribunal is set aside.
  • The appeal under the European Union Settlement Scheme is dismissed.