UI2022003724

             The appellant is a citizen of Albania born on 6 th October 1988. He applied to remain as the durable partner of an EEA citizen, Ms Beata Petras, a citizen of Romania with pre-settled status in the UK under the EU settlement scheme. The application was refused on 1 st February 2021. His appeal against the decision was allowed by First-tier Tribunal Judge EM Field in a determination promulgated on the 8 th June 2022.

             On 17 th July 2023 the remaking of the appeal was stayed pending a decision of the Court of Appeal in Celik v SSHD by Upper Tribunal Judge Mandalia in directions which reminded the Secretary of State of the outstanding directions relating to the 2016 EEA Regulations application.

             On 5 th September 2023 Upper Tribunal Judge Mandalia issued directions that the appeal should be listed after 13 th November 2023 to give the respondent time to make a decision on the extant application under the 2016 EEA Regulations as unfortunately a decision had still not been made.

             On 5 th October 2023 the Secretary of State accepted in writing that the appellant would have qualified for a residence document if the scheme had not been discontinued, but said that he could make a new application under the EU Settlement Scheme for no charge submitting this letter and arguing that there were reasonable grounds for his having missed the 30 th June 2021 deadline.

             The matter came before me pursuant to a transfer order to remake the decision.