EA136622021 & EA136502021 [2023] UKAITUR EA136622021 (20 February 2023)

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 The first appellant's appeal remains extant as his withdrawal was rescinded before Tribunal consent.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

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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

  1. 1 Whether the second appellant meets the requirements for a family permit under Appendix EU
  2. 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 The first appellant's appeal remains extant as his withdrawal was rescinded before Tribunal consent.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