UI2022002034

      To avoid confusion we shall refer to the parties as they were before the First-tier Tribunal and therefore the Secretary of State is once again the Respondent and Mr Derradji the Appellant.

      The Respondent appeals with permission against the decision of First-tier Tribunal Judge Manuell, who by a decision promulgated on 31 January 2022, allowed the Appellant's appeal against the Respondent's refusal of his EUSS application.

      The Appellant, a citizen of Algeria, had married a Greek national in May 2021, that clearly being after the specified date of 31 December 2020. The appeal against the Respondent's refusal was brought under the Immigration (Citizens' Rights Appeals)(EU Exit) Regulations 2020, which meant that the Appellant had only two grounds available to him: first, that the decision was not in accordance with the relevant Immigration Rules, specifically Appendix EU; and secondly, whether the decision breached any rights under the Withdrawal Agreement.

      The Respondent appealed on the grounds that the judge had failed to properly apply the relevant Immigration Rules, had failed to properly apply the terms of the Withdrawal Agreement and/or had failed to provide adequate reasoning in respect of the proportionality issue if that avenue had been open to him.

      Following the grant of permission, this case was one of the cohort cases stayed pending the outcome of Celik v SSHD in the Court of Appeal. Judgment was handed down on 31 July 2023: [2023] EWCA Civ 921 . Following that, the Upper Tribunal issued directions to the parties requiring them to state their positions in light of Celik . A concise response was provided by the Respondent in due course, but nothing was heard from the Appellant.