UI2022003755

             For the sake of continuity, I will refer to the parties as they were before the First-Tier Tribunal although technically the Secretary of State is the appellant in the appeal before the Upper Tribunal.

             The appellant (Ms Karameta) appealed the respondent's (SSHD) decision dated 27 October 2021 to refuse leave to remain under the EU Settlement Scheme immigration rules as the family member (durable partner) of a relevant EEA citizen.

             The decision attracted a right of appeal under The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 ('the CRA Regulations 2020'). The available grounds of appeal were that the decision was not in accordance with the residence scheme immigration rules or breached rights under the Withdrawal Agreement.

             The Secretary of State applied for permission to appeal to the Upper Tribunal on the ground that the appellant did not meet the requirements of the residence scheme immigration rules and was not within the personal scope of the Withdrawal Agreement because she was not residing in the UK in accordance with EU law before the UK exited from the EU. The First-tier Tribunal granted permission to appeal in an order dated 08 August 2022.

             Ms Karameta attended the hearing without a legal representative. She spoke good English and confirmed that she had understood my explanation about how the decision in Celik affected her case. She did not seek an adjournment. She said that she understood the position and agreed to the proposed course of action. Ms Karameta explained that she had already made an application for leave to remain under Appendix FM of the immigration rules and is awaiting a decision.