UI2024001054

             T h is is the Secretary of State's appeal against the decision of the First-tier Tribunal of 5 January 2024, allowing the appeal of Venus Buenavista, a national of the Philippines, born 26 June 1990.

             Her application was refused because, in the Secretary of State's view, she had not established herself as holding a residence card or other relevant document attesting to having been previously accepted as being in a durable relationship with Mr El Zomor as at 23:00 hours on 31 December 2020; furthermore there was inadequate evidence proving cohabitation or otherwise demonstrating the relationship's durability.

             The Secretary of State appealed on the grounds that the suggestion that the December 2020 decision was contrary to published guidance could not make good Ms Buenavista's failure to obtain a relevant document, because absent the success of that earlier application she lacked the necessary "relevant document" to qualify as a durable partner and thus could not contend that her UK residence had been facilitated by the authorities here. The lack of such document was fatal to her application under Appendix EU.

             The First-tier Tribunal granted permission to appeal on 12 March 2024 on the basis that the Judge had arguably taken into accounts matters that were irrelevant to the requirements of Appendix EU.

             For the Secretary of State Ms Nolan submitted that the First-tier Tribunal had effectively relied on considerations that might be relevant in a human rights appeal to enter a Citizens Rights Appeal by the backdoor.