UI2023003132

              The Appellant is a citizen of Nigeria whose date of birth is dated 13 th June 1969. On 14 th September 2022 the Respondent refused the Appellant's application for settled or pre-settled status pursuant to the EU Settlement Scheme as the family member of a qualifying British citizen.

              Not content with that decision, by notice dated 4 th August 2023, the Appellant made an application for permission to appeal to the Upper Tribunal. The grounds pointed to procedural unfairness on the part of the judge, in that it was contended that although the judge gave permission for additional evidence to be provided after the hearing and although additional evidence had been lodged with the Tribunal, having been sent on 14 th March 2023, the judge had not had regard to it when making her decision.

              At first instance, on 19 th July 2023, Judge Gumsley refused permission. He did not accept the premise upon which the grounds were made. He was not able to find evidence of Judge Anthony having given permission for additional evidence to be served and found no application made by the Appellant for an adjournment nor for the matter for to go, "part heard".

              By application dated 4 th August 2023, permission to appeal was renewed before the Upper Tribunal on the same grounds, it being contended that Judge Gumsley had not engaged with those grounds. On 6 th November 2023, Upper Tribunal Judge Francis granted permission on three arguable grounds:

(i)             procedural unfairness;