UI2023000511

             Mr Khan is a citizen of Bangladesh and was born on 10 February 2002.

             Mr Khan made an application for a Family Permit under the European Union Settlement Scheme on 4 March 2022 on the basis that his father, Mr Abdul Hossain Begum ("Mr Begum") is a Spanish national settled in the United Kingdom. The ECO granted that application and issued the Family Permit on 7 July 2022 valid until 19 January 2023.

             Mr Khan's appeal from the ECO's decision came before the Judge at an oral hearing on 9 January 2023. Mr Begum gave oral evidence and was cross-examined. The Judge found that Mr Begum was not a credible witness but took the view that the documentary evidence showed that he was in fact Mr Khan's biological father. The Judge allowed the appeal by a decision promulgated on 10 January 2023. The ECO was granted permission to appeal from the Judge's decision on 9 March 2023.

             We heard the ECO's appeal from the Judge's decision on 12 September 2023. We found that the Judge failed to follow the guidance in Tanveer Ahmed v Secretary of State   for the Home Department  [2002] UKIAT 00439 [2002] Imm AR 318 and gave inadequate reasons for allowing the appeal. We, therefore, set aside the Judge's decision on 6 October 2023. We retained the appeal for re-making of the decision and gave further case management directions.

             We are grateful to Mr Clarke, who appeared for the ECO, and Mr Ahmed, who appeared for Mr Khan, for their assistance and able submissions at the resumed hearing.