UI2022004207 & UI2022004208

For the Respondent: Ms R Patel of Counsel, instructed by Ison Harrison Solicitors

             This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was by video, using Teams. There were technical difficulties with the video feed for the hearing but no difficulties with the audio feed and everyone could hear everyone else throughout the hearing. The papers were all available electronically.

              The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Hillis promulgated on 25 May 2022, in which Mr Gyamfi and Mr Afrifa's appeals against the decisions to refuse their applications for EEA Family Permits dated 10 November 2021 were allowed. For ease I continue to refer to the parties as they were before the First-tier Tribunal, with Mr Gyamfi as the First Appellant, Mr Afrifa as the Second Appellant and the Secretary of State as the Respondent.

              The Appellants are nationals of Ghana, born on 17 September 1995 and 19 December 1988 respsectively, who made applications for EEA Family Permits on 24 June 2021 to join the Sponsor, their adopted father who is an EEA national. Their cases are materially identical in terms of applications, refusals and appeals.

              Judge Hillis allowed the appeals in a decision promulgated on 25 May 2022 on the basis that the Appellants had shown that their customary adoptions in Ghana were legally recognised and binding at Ghanaian law and therefore recognised by UK law such that the refusals were not in accordance with the EUSS scheme and the Brexit Withdrawal Agreement, Article 18(o) in particular. I return below to the reasoning for these findings.