EA136622021 & EA136502021 [2023] UKAITUR EA136622021 (20 February 2023)
The second appellant's appeal is allowed as the respondent accepted she met all requirements for a family permit under Appendix EU. The first appellant's appeal remains extant as his withdrawal was rescinded before Tribunal consent.
- Citation
- [2023] UKAITUR EA136622021
- Parties
- First Appellant: Mr Nicco Addio Ray Eddie; Second Appellant: Miss Stinna Akosu Eddie; Respondent: Entry Clearance Officer
- Jurisdiction
- United Kingdom
- Judgment Date
- 20 February 2023
- Procedural Posture
- Immigration Appeal / Upper Tribunal Re Making of Decision After Error of Law Found
- Outcome
- Second appellant's appeal allowed; first appellant's appeal to proceed to resumed hearing
- Legal Topics
- Family Permit, Appendix EU, Withdrawal of Appeal, Remaking of Decision
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Nicco Addio Ray Eddie
First Appellant
Miss Stinna Akosu Eddie
Second Appellant
Entry Clearance Officer
Respondent
Procedural Posture
Immigration Appeal / Upper Tribunal Re Making of Decision After Error of Law Found
Legal Issues
- 1 Whether the second appellant meets the requirements for a family permit under Appendix EU
- 2 Effect of withdrawal and rescinding of withdrawal by the first appellant
Ratio Decidendi
The second appellant's appeal is allowed as the respondent accepted she met all requirements for a family permit under Appendix EU. The first appellant's appeal remains extant as his withdrawal was rescinded before Tribunal consent.
Court Disposition
Second appellant's appeal allowed; first appellant's appeal to proceed to resumed hearing
Orders
- The appeal of Miss Akosu Eddie is allowed
- The appeal of Mr Nicco Addio Ray Eddie will proceed to a resumed hearing
Full Case Text
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