IA162212013 & ors

The first appellant applied for an EEA residence card on 10 March 2009 but the application was refused on 12 January 2010. This application is of little, if any, relevance to the issues that we have to decide but it does show that the first appellant had some concern about his immigration status before making the application on 15 October 2009 which, eventually, led to the appeal before us.

On 15 October 2009 each of the appellants applied for further leave to remain but their applications were refused on 19 February 2010. The decisions of 19 February 2010 were not immigration decisions within the meaning of the phrase in section 82(2) of the Nationality, Immigration and Asylum Act 2002 and so could not be appealed to the Tribunal.

The chronology concerning the judicial review proceedings and the terms of the compromise are considered below.

Appendix FM is the Family Members Appendix of the Immigration Rules. Section EX bears the title �Exception� but is probably best understood as identifying further conditions that an applicant relying on the Family Members Appendix must meet before that person is entitled to remain under the rules. It is not a �free standing� consideration which trumps other rules (see Sabir (Appendix FM � EX.1 not free standing) [2014] UKUT 63 (IAC) )

The respondent decided that neither of these appellants came within the scope of this rule because neither of their partners were settled in the United Kingdom or otherwise able to satisfy the requirements of E-LTRP.1.2.