UI2023003064

      In this appeal, the Secretary of State for the Home Department is the Appellant but for ease of reference with the decision of the First-tier Tribunal, we refer to the parties as they were at that hearing.

      The Respondent appeals against the decision of First-tier Tribunal Judge Dineen [1] , and hereafter "the Judge", in which he allowed the appeal of the Appellant against the Respondent's refusal under Appendix EU, dated 17 September 2022.

      Permission to appeal was initially refused by First-tier Tribunal Judge Austin on 20 June 2023 but later granted, after application directly to the Upper Tribunal, by Upper Tribunal Judge Perkins on 15 September 2023. For completeness, the Respondent's application was very slightly out of time and Upper Tribunal Judge Perkins considered that it was reasonable to extend the time limit to apply (see para. 1 of the grant of permission).

      The Appellant is a national of the Philippines, born on 29 June 1977. On 25 March 2022, she applied as a person with a Zambrano right to reside under Appendix EU of the immigration rules. The application was based upon her relationship with her mother who is a British citizen born on 10 August 1955.

      In the refusal, the two points raised by the Respondent were the assertion that the Appellant did not meet the definition of a person with a Zambrano right to reside (as detailed in Annex 1 to Appendix EU) for a continuous qualifying period in the UK between 2 December 2020 and 25 March 2021.