UI2023004465

              This is an appeal by the appellant against a decision of First-tier Tribunal Judge Brannan (the "judge"), promulgated on 24 July 2023, in which he dismissed the appellant's appeal against the respondent's decision to refuse her application under the EU Settlement Scheme.

              Permission to appeal was granted by First-tier Tribunal Judge Chowdhury in a decision dated 27 September 2023 as follows:

"2. The appeal concerns the refusal of an application under the Settlement Scheme as the extended family member of an EEA national who was in a durable relationship with her EEA Sponsor. The Appellant claims in the Grounds of Appeal that she submitted substantial bundles of evidence including a skeleton argument. However, the substantive hearing scheduled for 22 nd May 2023 was adjourned as the Presenting Officer did not have sufficient time to consider the material. The Appellant claims no written directions were provided by the judge following the adjournment hearing.

I have had regard to the email correspondence by the Appellant's representative to the HOPO enclosing bundles 21 May 2023. It is arguable that there was a procedural irregularity and it is for these reasons I grant permission to appeal".

              At the hearing I stated that I agreed that the grounds were made out and that the decision involved the making of a material error of law on the grounds of procedural irregularity. I set the decision aside and remitted it to the First-tier Tribunal to be re-made.