UI2022003475

            The appellant is a national of Jordan. On 4 March 2020 she made an application under the EU Settlement Scheme as a person with a 'derivative right to reside' in the UK. Her application was refused by the respondent for reasons set out in a decision dated 4 February 2021. Her appeal against the respondent's decision under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 was dismissed by First-tier Tribunal Judge Thapar for reasons set out in a decision promulgated on 19 January 2022.

            Permission to appeal was granted by Upper Tribunal Judge Pickup on 30 September 2022. He said:

"The judge found for the reasons set out in the application that the appellant failed to demonstrate that she was a 'direct relative', or qualify in any other way at the date of the application to the respondent. That finding was fundamental and arguably fatal to the application under EUSS. However, there is a possible argument that the appellant may qualify under a de facto adoption as a parent. That will require further elaboration and careful consideration. At the least, I am satisfied that the point is arguable."

            Ms Arif submits the 'Step Parental Responsibility Agreement' was referred to by the judge and came about some time after the application had been made and refused. She submits there is no material error of law in the decision of the FtT. She submits it remains open to the appellant to make an application for leave to remain on Article 8 grounds.

            To put matters in context it is helpful to begin by referring to the relevant background as set out in paragraph [1] of the decision of the FtT: