UI2022003051

                  The Secretary of State has been granted permission to appeal a decision of the First-tier Tribunal (Judge of the First-tier Tribunal Khawar) allowing Mr Hasani's appeal by a decision sent to the parties on 17 March 2022. Mr Hasani seeks pre-settled status under the European Union Settlement Scheme ('EUSS').

                  Mr Hasani did not attend the hearing at Field House. Observing rule 38 of the Tribunal Procedure (Upper Tribunal) Rules 2008. I decided it was in the interests of justice to proceed with the hearing in his absence. For the reasons detailed below, I was satisfied that a notice of hearing was sent to and received by Mr Hasani's legal representatives, Waterstone Legal, on 23 February 2024.

                  Mr Hasani is an Albanian national who is presently aged 29. He married his EU national spouse on 10 June 2021. The Secretary of State refused his application for pre-settled status under the EUSS by a decision dated 13 September 2021, observing that the marriage took place after the 'specified date' of 23.00 GMT on 31 December 2020 and Mr Hasani did not possess a 'relevant document' on the specified date in respect of his durable relationship with his then EU national partner, now spouse.

                  The appeal was allowed on the basis that the Judge accepted Mr Hasani to be in a genuine relationship with his now wife, who was at the time pregnant with their child. The Judge concluded, at [22]-[23]:

Accordingly, on the totality of the evidence and the above considerations, I am satisfied the appellant has discharged the burden of proof to establish that he satisfies the criteria of being a family member and/or in a durable relationship as at the date of application, as required under the Appendix EU to the Immigration Rules and that the respondent's refusal decision is disproportionate in all the circumstances of this case. Therefore, this appeal is allowed.'