EA002932022

                  The Appellant appeals against the decision of First-tier Tribunal Judge Lucas promulgated on 20 April 2022 ("the Decision") dismissing the Appellant's appeal on EU law grounds against the Respondent's decision dated 11 October 2021 refusing her settled or pre-settled status under the EU Settlement Scheme ("EUSS").

                  Again, very unfortunately, the Appellant did not understand that she needed to provide evidence about her husband's exercise of Treaty rights to the Tribunal. She provided some evidence as to her own employment in the UK in the period at least from January 2017 onwards (as the Respondent accepted) but that could not avail her for the reasons given.

                  Also unfortunately, the Appellant had asked for the appeal to be determined on the papers. Accordingly, Judge Lucas was unable to explain to her what evidence was missing before him. He considered the evidence which he did have. Importantly at [4] of the Decision he said this:

"There is reference to a prison sentence from October 2019 and insufficient evidence of 5 years continuous presence prior to that sentence."

                  As Ms Everett submitted and I accept (and indeed Ms Zabarchuk accepted) that was correct as a matter of fact. Ms Zabarchuk had unfortunately misunderstood what the Judge was there saying. However, that statement and reason for rejecting the appeal is correct in fact and in law. I cannot interfere with a decision of the First-tier Tribunal if it does not contain an error of law.