UI2024002044

             By way of a decision issued on 4 September 2024 Upper Tribunal Judges Bruce and Rastogi found an error of law in the decision of First-tier Tribunal Judge Freer ("the EOL decision"). We decided that the appeal could be remade in the Upper Tribunal as there were sufficient facts which could be preserved. This decision relates to the remaking of the decision of the First-tier Tribunal ("FTT").

             Although the factual matrix here is relatively straightforward, for reasons that will become apparent, there was an intervening legal development of potential relevance which required post-hearing submissions from the parties and proper consideration as part of the re-making exercise.

             The appeal is in the context of the European Union Settlement Scheme ("EUSS") which governs the ability of EEA nationals and their family members to enter and remain in the United Kingdom (UK) after the departure of the UK from the European Union.

             The appellant is a citizen of Ghana, date of birth 26 September 2001. He arrived in the UK on 6 February 2023 with an EUSS Family Permit valid from 5 December 2022 to 5 June 2023 based on his relationship with his father, an Italian citizen, residing in the UK with EUSS leave.

             By the time of his next application on 20 February 2023 (the refusal of which led to the decision under appeal), the appellant was 21 years old. He applied for leave under Appendix EU of the Immigration Rules as the child of an EEA citizen. The appellant said he is dependent on his father and step-mother as they house him, feed him and are responsible for his upkeep.