UI2022005723

              This is an appeal by the Secretary of State against a decision of the First-tier Tribunal allowing the appeal of the respondent, hereinafter "the claimant", against a decision of the Secretary of State refusing him permanent residence under the EU Settlement Scheme. The case was decided on the papers and the First-tier Tribunal Judge decided in the claimant's favour.

              In fairness to the judge, although the need to be resident by 31 December 2020 is acknowledged in the papers it was not the main points taken in the refusal letter and although we find that the judge erred we have more than a little sympathy; but she was wrong and in the absence of any contrary argument we are quite satisfied that the decision has to be set aside for error of law and we re-make the decision and dismiss the appeal.

              We did reflect before doing this because we do realise that it is unattractive for a person who thinks that he has "won" to find that he has lost but the law is, on this point at least, clear. He had to show residence at the required date as indicated. Not only did he fail to do that but his documents rather suggested that his residence started after the required date. In the circumstances there is only one proper outcome and that is to dismiss the appeal.

              In case there is any doubt we find the First-tier Tribunal Judge erred in law, we set aside the decision, we re-make the decision and we dismiss the appeal against the Secretary of State's refusal.

              The First-tier Tribunal erred in law. We set aside its decision and substitute a decision dismissing the claimant's appeal against the Secretary of State's decision to refuse him permanent residence.