UI2024001418 [2025] UKAITUR UI2024001418 (17 February 2025)

UI2024001418 [2025] UKAITUR UI2024001418 (17 February 2025)

The cancellation decision was not in accordance with the provision of the immigration rules by virtue of which it was made, as the appellant's leave was granted under Appendix EU, but the cancellation was purportedly under Appendix EU (Family Permit), which had no application. The only lawful outcome was to allow the appeal.

Citation
[2025] UKAITUR UI2024001418
Parties
Appellant: John Arthur; Respondent: Immigration Officer
Jurisdiction
United Kingdom
Judgment Date
17 February 2025
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
appeal allowed
Legal Topics
Appendix EU, Leave to Remain, Cancellation of Leave, Retained Right of Residence, Error of Law, Immigration Appeals
Immigration Law EU Law Appendix EU Leave to Remain Cancellation of Leave Retained Right of Residence Error of Law Immigration Appeals

Case Brief

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Parties

John Arthur

Appellant

Immigration Officer

Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the cancellation of the appellant's leave to remain was in accordance with the correct immigration rules
  2. 2 Whether the First-tier Tribunal erred in law by applying the wrong appendix and failing to address the appellant's arguments
  3. 3 Whether the appellant had a retained right of residence after divorce

Ratio Decidendi

The cancellation decision was not in accordance with the provision of the immigration rules by virtue of which it was made, as the appellant's leave was granted under Appendix EU, but the cancellation was purportedly under Appendix EU (Family Permit), which had no application. The only lawful outcome was to allow the appeal.

Court Disposition

appeal allowed

Orders

  • The decision of the First-tier Tribunal is set aside.
  • The Upper Tribunal allows the appellant's appeal against the cancellation of his leave to remain.