[2023] UKUT 00277 (IAC)

We have set out at the start of this decision the basis upon which the Secretary of State concluded that Mr Allaraj was unable to meet the requirements of Appendix EU of the Immigration Rules. There was no attempt before us to submit orally or in writing that the First-tier Tribunal’s finding of fact as to the durability of the relationship was dispositive of the appeal in Mr Allaraj’s favour; it was implicitly accepted in Mr Jafar’s skeleton that it was for Mr Allaraj to show that he held a relevant document as the durable partner of an EEA national.

Mr Allaraj cannot satisfy the requirements of paragraphs EU11 or EU14 of Appendix EU of the Immigration Rules for the same reasons that Mr Celik was not able to do so. Drawing on what was said by Lewis LJ at [35] and [68] of Celik v SSHD, the position is as follows.

Mr Allaraj was not a family member at the material time. His marriage took place months after IP Completion Day. He was not a durable partner within the meaning of Annex 1 to Appendix EU because he did not have a relevant document (a family permit or a residence card), as required by those Rules. And, despite the stamp placed in his passport by an Immigration Officer on 5 December 2020, Mr Allaraj was present in the UK unlawfully because the Immigration Officer had no power to admit him to the UK under the EEA Regulations. Even if he was in a durable relationship with an EU national before 31 December 2020, that relationship was not evidenced by the grant of a relevant document as defined in the Immigration Rules.

In the circumstances, Mr Allaraj is not able to establish that the respondent’s decision was not in accordance with the Residence Scheme Immigration Rules. It follows that we will remake the decision on his appeal by dismissing it on both grounds of appeal which are available to him.