This appeal relates to an application lodged by ICS Legal on behalf of the appellant under the EU Settlement Scheme - Pre-Settled Status, which was then wrongly refused by the Home Office and the First Tier Tribunal agreed with ICS Legal in allowing the immigration appeal.
Full facts of the case and what we did is enclosed. Please note due to data protection, the appellant's name or any relevant details are not enclosed.
Summary case facts
The appellant who is an EEA national entered the UK after the specified date under the EU Settlement Scheme. However she relied on exceptional circumstances.
Immigration Judge Fitzgibbon KC presided over the matter on the 16th March 2023 at IAC Taylor House.
ICS Legal applied for the EU Settlement Scheme application with our legal defence, which was turned down by the Home Office. The appeal was lodged in line with paragraph 3(1)(c) of The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
The Home Office decision letter claims as follows:
"The Secretary of State refused the application on the basis that the appellant had failed to show that she had been resident in the United Kingdom for the period of five years required for the purposes of paragraphs 11 of Appendix EU of the Immigration Rules, or the shorter period for paragraph 14. She did not comply with the requirements for settled status or pre-settled status. There was no evidence that she has been resident in the UK before 1 January 2021."
Following the appeal being lodged, the Home Office did conduct a respondent's review, however failed to consider the material evidences presented by ICS Legal.
Outcome of the matter
The appellant was represented by ICS Legal and we served upon a full appeal bundle, containing our ASA. We made our initial submissions on the following:
"The central issue on this appeal is that the Appellant did not provide sufficient evidence to confirm that she entered the UK prior to the cut-off date of 31 December 2020. He relied on the case of Sapkota [2014] 1 WLR 401 and MM Lebanon [2017] UKSC 10 in support of the contention that it would be unfair to exclude the appellant from the Settlement Scheme in these circumstances."
The appeal matter related to this EU Settlement Scheme application was not on the basis of credability but the point of law on the specified date post Brexit.
The closing submissions made by Immigration Judge Fitzgibbon KC was as follows:
"It regrettable that the respondent did not consider whether the Home Office guidance applied to this case, having received the appellant’s evidence for the reasons that she did not come to the UK before 01 January 2021. Had that been done, it is likely that there would have been no need for an appeal hearing. It is therefore appropriate to make a full fee award."
Immigration Deportation Order, First Tier Tribunal determination dated 14th January 2013
Appendix FM, family life as a Parent, First Tier Tribunal determination dated 5th Nov 2012
Adult Dependant Relative, Appendix FM Immigration Rules, First Tier Tribunal determination dated 11th Oct 2019
Adult Dependant Relative on Human Rights Grounds, First Tier Tribunal determination dated 11th Sep 2019
Private Life on Human Rights Grounds, First Tier Tribunal determination dated 20th Aug 2019
Appendix FM, family life as a Partner, First Tier Tribunal determination dated 22nd July 2019
Appendix FM, family life as a Partner, Appeal withdrawn prior First Tier appeal hearing 9th May 2019
EEA Family Permit, family life as a Partner, First Tier Tribunal determination dated 15th Dec 2019
EEA Family Permit, Derivative Rights as a Parent, First Tier Tribunal determination dated 31st January 2020
Indefinite Leave to Remain Appendix FM | Continuous Residence
UK Ancestry Visa | Continuous Residence | Break of Residency
Family Visit Visa Refusal | Family Life with British Citizen | Genuine Visitor | False Representation
An appeal related to a human rights application, refused on the grounds that the appellant did not meet the exceptional circumstances and then challenged whereby the appeal was then allowed.
An application as a carer in line with a person's private life & exceptional circumstances.
Adult Dependant Relative - ADR Immigration Appeal is a successful challenge on the decision made by the Home Office. The First Tier Tribunal allowed the appeal.
EU Settlement Scheme - Pre-Settled Status Immigration Appeal where the Home Office was wrong to refuse the application and appeal allowed by First Tier Tribunal Judge
In-country Adult Dependant Relative & Human Rights Claim decision was made by Mr T J Cary Judge of the FtT where the matter went at Taylor House Immigration Tribunal.
Spouse Visa Appeal & Human Rights, where the sponsor could not meet the financial requirements but in the appeal matter, the Judge accepted that the decision should be in favour of the appellant.
EU Settlement Scheme Appeal - EUSS refusal as a spouse of an EEA Citizen, which also considers the specified date of marriage and relationship.
EU Settlement Scheme, Unmarried Partner & Covid where the matter went before the First Tier Tribunal.
Adult Children, Article 8 ECHR [Family & Private Life], an appeal went before the First Tier Tribunal. The appeal was allowed under human rights grounds.
Spouse Visa Appeal, Appendix FM & Article 8 ECHR where the matter related to immigration status, covid and also right to family life.