UI2023001571

       The Secretary of State appeals with permission a decision of First-Tier Tribunal Judge Cole ('the Judge'), promulgated on 5 January 2023, in which he allowed Mr Sisawo's appeal against the refusal of his application for leave to remain in the UK under the EU Settlement Scheme (EUSS) as a 'Zambrano person' with a right to reside.

       Mr Sisawo is a citizen of Gambia born on 18 December 1977. The Judge records it was accepted by the Secretary of State that he is the primary carer of a British citizen child, his daughter Ellie. His application for leave to remain was refused, however, as it was not accepted that Ellie will be compelled to leave the UK if his application failed, as Mr Sisawo would not be required to leave the UK as there is a realistic prospect of his obtaining leave to remain under Appendix FM of the Immigration Rules.

       The Judge sets out findings from [14] of the decision under challenge. The Judge notes Mr Sisawo has been in the UK for around 18 years and has had sole responsibility for the care of Ellie since being granted a Residence Order in August 2012 as a result of the child's mother's inability to care for their daughter due to her own personal issues [16].

       Mr Sisawo previously had leave to remain under Appendix FM, valid until 12 July 2020, and made the application leading to the decision under challenge on 22 August 2020 after his previous leave expired.

       The Judge finds at [18] that there is no other person who could care for Ellie in the UK so that if her father had to leave this country she will be compelled to leave with him.