UI2022004261 [2024] UKAITUR UI2022004261 (15 February 2024)

UI2022004261 [2024] UKAITUR UI2022004261 (15 February 2024)

The First-tier Tribunal's decision involved an error of law in light of the Court of Appeal's judgment in Celik v SSHD; therefore, the decision was set aside and the claimant's appeal was dismissed.

Citation
[2024] UKAITUR UI2022004261
Parties
Appellant: Entry Clearance Officer; Respondent: Jaimal Singh
Jurisdiction
United Kingdom
Judgment Date
15 February 2024
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision
Outcome
appeal allowed (by Entry Clearance Officer); claimant's appeal dismissed
Legal Topics
Appendix EU Family Permit, Appeal Procedure, Error of Law, Celik V SSHD
Immigration Law Appendix EU Family Permit Appeal Procedure Error of Law Celik V SSHD

Case Brief

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Parties

Entry Clearance Officer

Appellant

Jaimal Singh

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal Against First Tier Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in allowing the claimant's appeal against refusal of an application under Appendix EU (Family permit)
  2. 2 Effect of Celik v SSHD [2023] EWCA Civ 932 on the claimant's case

Ratio Decidendi

The First-tier Tribunal's decision involved an error of law in light of the Court of Appeal's judgment in Celik v SSHD; therefore, the decision was set aside and the claimant's appeal was dismissed.

Court Disposition

appeal allowed (by Entry Clearance Officer); claimant's appeal dismissed

Orders

  • Decision of First-tier Tribunal set aside
  • Claimant's appeal against Entry Clearance Officer's decision dismissed