UI2024000234

              The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Gibbs sent on 12 December 2023, allowing Mr Abdirahman's appeal against a decision dated 30 March 2023. to refuse him entry clearance under Appendix EU Family Permit.

              The grounds of appeal are set out together under one heading which is "making a material misdirection of law, inadequate reasoning and misapplication of the law. The grounds assert:

(a)            The judge has given inadequate reasons to support the finding that the decision is not proportionate.

(b)           The previous application was refused on eligibility and suitability grounds because the evidence submitted in respect of the sponsor's employment was false and did not show that the sponsor was resident in the United Kingdom at the date of the application. It was irrational for the judge to find that pay slips were unreliable and that Mr Abdirahman had provided misleading information in his current application and then go onto accept that Mr Abdirahman was a minor at the time and could not be held responsible.

(c)            Mr Abdirahman did not provide any explanation for the matters raised in the refusal.