UI2022004993

            The Secretary of State appeals with the permission of First-tier Tribunal Judge Chowdhury against the decision of First-tier Tribunal Judge Easterman. By his decision of 16 February 2022, Judge Easterman allowed Mr Brija's appeal against the respondent' refusal of his application for leave to remain under Appendix EU of the Immigration Rules.

            To avoid confusion, I will refer to the parties as they were before the FtT: Mr Brija as the appellant and the Secretary of State as the respondent.

            On 8 June 2021, the appellant applied for leave to remain as Ms Mera's partner, under Appendix EU of the Immigration Rules. The application was refused on 13 September 2021. The respondent noted that the appellant had married his wife after the 'specified date' (31 December 2020 and that he was not eligible for leave as her spouse for that reason. The respondent also noted that the appellant had not had a documented right to reside as Ms Mera's durable partner at any point.

            The appellant appealed to the FtT. Judge Easterman found that the relationship between the appellant and Ms Mera was a genuine and subsisting one which had begun at the time, and in the manner, which I have summarised above. He accepted that they were in a durable relationship prior to the specified date and that 'it would not be proportionate ... to refuse the appellant'.

            The Secretary of State appealed, contending that the judge had misdirected himself in law. Judge Chowdhury granted permission to appeal on 13 October 2022, noting that the respondent's submissions were supported by the decisions of the Upper Tribunal in Celik [2022] UKUT 220 (IAC) and Batool [2022] UKUT 219 (IAC) .