[2023] UKUT 00277 (IAC)

As we have already recorded, the appellant’s appeal to the First-tier Tribunal was allowed. Judge Farrelly concluded that the ‘key issue’ was whether the relationship was durable. Because he was satisfied that it was, he allowed the appeal. As we have also recorded, the Upper Tribunal concluded that the First-tier Tribunal had erred in law by failing to consider whether the finding it had made entitled Mr Allaraj to succeed on the grounds of appeal which were available to him.

The Upper Tribunal directed that the parties should file and serve skeleton arguments addressing, in particular, the issues of (i) whether the stamp in Mr Allaraj’s passport was a relevant document; and (ii) whether the stamp and the decision of the Immigration Officer which prompted it amounted to the facilitation of residence which brought Mr Allaraj within the personal scope of the Withdrawal Agreement.