UI2022003147

             We will refer to the parties as they were before the First-tier Tribunal even though it is the Secretary of State who is the appellant before the Upper Tribunal. Therefore, Mr Qelia is "the appellant" and the Secretary of State is "the respondent".

             The respondent appeals the decision of First-tier Tribunal Judge Mill promulgated on 11 May 2022 allowing the appellant's appeal against her decision dated 4 January 2022 refusing to grant leave to remain under the EU Settlement Scheme ("EUSS"). Permission to appeal was granted by First-tier Tribunal Judge Boyes on 1 June 2022.

             In an order dated 28 March 2024, Upper Tribunal Judge Gleeson made directions following judgment by the Court of Appeal in Celik v Secretary of State for the Home Department [2023] EWCA Civ 921 on 31 July 2023. The parties were directed to reconsider their respective positions and, if appropriate, to agree a consent order disposing of the proceedings or otherwise update the Upper Tribunal within 21 days of the date of the order. Those directions were not complied with and the appeal was therefore listed for hearing.

             In her application for permission to appeal, the respondent raises the following grounds:

         Accordingly, contrary to the findings of Judge Mill, the Withdrawal Agreement did not apply to the appellant and the requirement under Appendix EU of the Immigration Rules for the appellant to be in possession of a relevant document could not be "an unnecessary administrative burden" contrary to article 18(1)(e). Neither could the decision to refuse EUSS status be disproportionate contrary to article 18(1)(r). We therefore set aside the decision of Judge Mill.