UI2023002709

             The claimant is a citizen of Albania born on 11 th April 1995. He applied for leave to remain as the durable partner of Adriana Alexandra Carcuin, a citizen of Romania, on 29 th December 2020. He appeals against the decision of the Secretary of State dated 4 th June 2021 refusing him under the EUSS. The appeal was allowed by First-tier Tribunal Judge Phull in a determination promulgated on the 28 th April 2023 on the basis he was within the personal scope of the Withdrawal Agreement.

             The matter came before me to determine whether the First-tier Tribunal had erred in law, and if so to decide if any such error was material and whether the decision should be set aside.

             The First-tier Tribunal finds, at paragraph 17 of the decision, with no reasoning on this issue, that the evidence showed that the claimant had applied for facilitation of entry before the 31 st December 2020 and thus was entitled to succeed as per the first point of the headnote in Celik even though it is found at paragraph 7 that the application he made was for an EUSS residence card.

         As a result I find that the claimant cannot succeed in his appeal either under the Immigration rules or by application of the Withdrawal Agreement.

         I note that in the decision of the First-tier Tribunal there are findings that factually the claimant and his partner were in a durable relationship prior to 31 st December 2020 at paragraphs 12 to 15 of the decision. These findings do not assist the claimant in succeeding in this appeal but are not challenged as being unlawfully made by the Secretary of State.