UI2024001115 & UI2024001116

       For the sake of clarity, the parties shall be referred to as they appeared before the First Tier Tribunal.

       This is the Secretary of State's appeal against the decision of Judge of the First Tier Tribunal Pinder of 29th November 2023 to allow the Appellants' appeals against the Respondent's decisions of 20th April 2021 to refuse their applications for status under Appendix EU to the Immigration Rules of 24th February 2021.

       By order of Upper Tribunal Judge Rimmington dated 16th April 2024, the Respondent has been granted permission to appeal. In her application for Permission to appeal of 8th March 2024 The Secretary of State advanced the following grounds:

                    i.             Ground 1: Mistake of Fact: Judge Pinder treated the decision under appeal as if it was against a decision made under the 2016 Regulations when in fact it was against a decision under Appendix EU to the Immigration Rules. To this extent, the Judge is said to have Made a mistake as to when a Continuous Qualifying Period might have started and continued.

                  ii.             Ground 2: Mistake of Fact: The First Tier Tribunal did not know that the Appellants had been granted leave to remain under Appendix FM to the Immigration Rules. This was relevant to the Tribunal's assessment of the likelihood of the Appellants being granted leave under that Appendix.