UI2024002419

             This is the appeal of Abdullah Abbas Barahow, a citizen of Sweden born 4 December 1994, against the decision of the First-tier Tribunal signed on 10 April 2024, dismissing his appeal, itself brought against the Respondent's refusal (on 8 August 2023) of his application under the EU settled status scheme (of 2 April 2023). For convenience we will use some abbreviations in our decision: EUSSch for EU settled status scheme, EUSS for EU settled status, and EUPSS for EU pre-settled status.

             The application was made on the basis that the Appellant was the dependent of his mother Madina Hussein Ali; he had lived with her since entering the UK on 21 June 2022.

             The evidence given by witness statement and orally to the First-tier Tribunal was that the Appellant had lived in Sweden with his mother and siblings before they departed for the UK in 2019, whereas he remained there whilst he completed his studies. His mother worked as a cleaner, her earnings supplemented by Universal Credit, from which she sent him £300 monthly, which was his only regular source of support; his father occasionally gave him money.

             The First-tier Tribunal accepted the evidence that it received, and found that the Appellant was indeed dependent on his mother at the date of the hearing before it. However he had provided no evidence whatsoever of pre-end transition period continuous residence, which the Judge believed was essential to the success of an Appendix EU application; absent such continuous residence, the appeal was dismissed.

             Grounds of appeal contended that whilst the First-tier Tribunal was correct to find the Appellant had acquired no pre-end transition period continuous residence, which excluded him from the Appendix EU route styled "family member of a relevant EEA citizen", he could nevertheless satisfy the criteria for "joining family member". This alternative route had been ignored by the First-tier Tribunal, fatally flawing its decision.