UI2024001538

      The Appellant appeals against the decision of First-tier Tribunal Judge Cohen dated 20 February 2024 ("the Decision") dismissing his appeal against the Respondent's decision dated 3 May 2023 refusing to grant him status under the EU Settlement Scheme ("EUSS") based on his retained rights of residence as the former spouse of an EEA national, Ms Tavares who is a Portuguese national, now returned to Portugal.

      The Appellant began divorce proceedings in September 2016. The decree absolute was not granted until 17 July 2021 as the Appellant says that his solicitors failed to seek this.

      The Respondent contends that the Appellant's marriage was one of convenience. As such, on 11 November 2021, the Respondent refused status under the EUSS because he did not meet the Immigration Rules under Appendix EU. His appeal on that occasion was heard by First-tier Tribunal Judge Swinnerton who, by a decision promulgated on 12 July 2022 ("the First Appeal Decision") dismissed the appeal. I was told by Mr Aghayere that the Appellant challenged the First Appeal Decision but was refused permission to appeal.

      The Appellant applied again for status, but that application was again refused by the decision under appeal dated 3 May 2023. The basis of the refusal was, once again, that the Appellant's marriage to Ms Tavares had been one of convenience.

      The Appellant who represented himself in the First-tier Tribunal complains that the hearing before Judge Cohen was procedurally unfair. I will come to the detail of that assertion below. The Respondent was not represented at that hearing.