EA139402021 [2023] UKAITUR EA139402021 (21 March 2023)

EA139402021 [2023] UKAITUR EA139402021 (21 March 2023)

The appellant was not married to the EEA national nor had his residence as a durable partner been facilitated before 31 December 2020, so he was not a 'relevant person' under the EUSS, and the First-tier Tribunal erred in law by allowing the appeal on the basis of the grace period and proportionality under the Withdrawal Agreement.

Citation
[2023] UKAITUR EA139402021
Parties
Appellant/respondent: Secretary of State for the Home Department; Respondent/appellant: Nazmi Tahiraj
Jurisdiction
United Kingdom
Judgment Date
21 March 2023
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision
Outcome
appeal dismissed
Legal Topics
EU Settlement Scheme, Withdrawal Agreement, Durable Partner Applications, Transitional Provisions, Material Error of Law
Immigration Law European Union Law EU Settlement Scheme Withdrawal Agreement Durable Partner Applications Transitional Provisions Material Error of Law

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Parties

Secretary of State for the Home Department

Appellant/respondent

Nazmi Tahiraj

Respondent/appellant

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the appellant qualified for status under the EUSS as a family member or durable partner of an EEA citizen given marriage after 31 December 2020
  2. 2 Whether the First-tier Tribunal erred in law by allowing the appeal on the basis of a 'grace period' and proportionality under the Withdrawal Agreement

Ratio Decidendi

The appellant was not married to the EEA national nor had his residence as a durable partner been facilitated before 31 December 2020, so he was not a 'relevant person' under the EUSS, and the First-tier Tribunal erred in law by allowing the appeal on the basis of the grace period and proportionality under the Withdrawal Agreement.

Court Disposition

appeal dismissed

Orders

  • First-tier Tribunal decision set aside for material error of law
  • Appeal under the European Union Settlement Scheme dismissed