UI2022002832

              This is an appeal by the Secretary of State against a decision of the First-tier Tribunal allowing the appeal of the respondent, hereinafter "the claimant", against a decision of the Secretary of State refusing him admission under the EU Settlement Scheme. The claimant did not appear before us. For reasons that will become apparent this was unsurprising.

              It is quite plain from all of these factors that the claimant is well aware of the hearing before us and has decided not to come. It is also fairly clear from what we have already said that this is a case where the decision in Celik EWCA Civ 921 is wholly against the claimant and means that the First-tier Tribunal, albeit understandably because the judge was acting without the benefit of determined authority, was decided wrongly in the First-tier Tribunal.

              The only proper outcome is to set aside that decision and substitute a decision dismissing the claimant's appeal against the Secretary of State's decision, which is what we do.

              Since giving this judgment in the hearing room we have received a signed draft consent order agreeing to the outcome that we determined. We do not know when it was signed and so this decision, rather than the consent order, stands. Clearly the claimant was trying to act responsibly but there was an administrative glitch that delayed the draft consent order coming to our attention.

              The First-tier Tribunal erred in law. We set aside its decision and we substitute a decision dismissing the claimant's appeal against the Secretary of State's decision.