UI2022001712

             This is the second stage of a hearing following an appeal by the Secretary of State for the Home Department against the decision of Judge Raymond, (the judge) promulgated on the 14 th March 2022, whereby he allowed the appeal of Mr Besmir Zhupa against the decision to refuse his application for settled status under the European Union Settlement Scheme (EUSS).

             There was no attendance by or on behalf of the appellant. We were nevertheless satisfied that the appellant had been served with notice of the time, date and place of the hearing, at the address he provided for service, and that it would accordingly be fair to proceed in his absence.

             We heard brief submissions from Mr Parvar following which we reserved our decision that we now set out below

             The Tribunal previously issued directions requiring the parties to provide detailed skeleton arguments concerning the issue identified at paragraph 4 (above). Neither party complied. Subsequent to the appeal before the Upper Tribunal on the issue of an error of law, the Court of Appeal in Celik v Secretary of State [2023] EWCA Civ 921 , approved the decision in Celik (EU exit, marriage, human rights) [2022] UKUT 220 which held as follows:

"(1) A person (P) in a durable relationship in the United Kingdom with an EU citizen has as such no substantive rights under the EU Withdrawal Agreement, unless P's entry and residence were being facilitated before 11pm GMT on 31 December 2020 or P had applied for such facilitation before that time."