UI2022005701

             The Secretary of State appeals with the permission of Upper Tribunal Judge O'Callaghan against the decision of First-tier Tribunal Judge Mulholland ("the judge"). By her decision of 31 May 2022, the judge allowed Mr Adjeh's appeal against the Secretary of State's refusal of his application for leave to remain under Appendix EU of the Immigration Rules.

             To avoid confusion, I will refer to the parties as they were before the First-tier Tribunal: Mr Adjeh as the appellant and the Secretary of State as the respondent.

             The appellant is a Nigerian national who was born on 16 June 1983. He entered the United Kingdom holding entry clearance as a student on 18 October 2020. A month later, whilst volunteering at a care home, he met a Dutch national named Daivarina Sofia Saurine Leal. A relationship developed very quickly between them, and they began cohabiting shortly thereafter. They married by proxy in Nigeria on 15 January 2021.

             The appellant appealed and his appeal came before the judge, sitting at Taylor House on 27 April 2022. The appellant was represented by Ms Pinder of counsel. The appellant was unrepresented. The judge heard oral evidence from the appellant and the sponsor and a submission from Ms Pinder before reserving her decision.

             In her reserved decision, the judge found that the relationship was durable and allowed the appeal under the residence scheme Immigration Rules. She gave the following reasons for that conclusion: