UI2022003023

            The appellant is a national of Zimbabwe. His appeal against the respondent's decision of 26 August 2021 to refuse his application for leave to remain under the EU Settlement Scheme under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 was dismissed by First-tier Tribunal Judge Hawden-Beal ("the judge") for reasons set out in a decision promulgated on 7 April 2022.

            The judge noted the appellant made an application for pre-settled status or settled status in the UK under the EU Settlement Scheme as the durable partner of a relevant EEA national, Ms Nicolla Alina Ghimis , a Romanian citizen, with settled status in the UK.

            The judge summarised the appellant's claim at paragraph [3] of the decision, noting the appellant and his partner claim they have been in a relationship akin to marriage since May 2017 and they have a daughter together. The judge heard evidence from the appellant and his partner as set out in paragraphs [5] to [7] of the decision. The judge's findings are set out at paragraphs [15] to [26] of the decision. At paragraph [23], the judge said:

"The appellant does not have the required evidence as specified by Appendix EU to show that he is a family member of the sponsor in order to qualify for settled or pre-settled status because he does not have the residence card, the right of permanent residence or a family permit issued to him before December 31st 2020, as a durable partner as required by Appendix EU and neither can he meet the requirements of Articles 9 and 10 as noted above. There is no discretion within Appendix EU and Articles 9 and 10."

            At paragraph [26] the judge concluded: