[2023] UKUT 00277 (IAC)

Mr Allaraj’s appeal was brought against the Secretary of State’s decision to refuse his application for leave to remain under Appendix EU of the Immigration Rules. An appeal against such a decision may only be brought on the grounds of appeal set out in regulation 8 of the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”). The grounds of appeal applicable to Mr Allaraj’s case were, firstly, that the decision breached any right which he had under the relevant provisions of the Withdrawal Agreement and, secondly, that the decision was not in accordance with the residence scheme Immigration Rules.

In order to decide whether the Secretary of State’s decision was in breach of the relevant provisions of the Withdrawal Agreement or not in accordance with the Immigration Rules, it is first necessary to consider what status, if any, he enjoyed under EU Law and under the EEA Regulations prior to the end of the Implementation Period which followed the UK’s exit from the European Union. That period came to an end at 11pm on 31 December 2020: “IP Completion Day.”