[2024] UKUT 00064 (IAC)

The three appellants are siblings. They are the children of Mr Dah (“Mr Duah”) and Ms Felicia Pokuaa. Following the appellants’ birth, in April 2014, their father came to the UK, and he has remained here since. The appellants’ continued to live in Ghana with their mother. Mr Duah was married to Lydia Afua Opoku (“Ms Opoku”), a national of the Netherlands, by way of a customary marriage on 11 March 2017. In July 2019 Mr Duah was issued with an EEA Residence Card as the family member of an EEA national exercising treaty rights in the UK. On 22 August 2020 Ms Opoku was granted settled status under the EU Settlement Scheme.

On 8 December 2020, the appellants applied for entry clearance to the UK under Appendix EU (Family Permit) as family members of a relevant EEA Citizen. On 5 November 2021 they had each been issued with an EU Settlement Scheme family permit, which is a form of entry clearance granted under Appendix EU (Family Permit) of the Immigration Rules. They arrived in the United Kingdom on 2December 2021.

Following enquiries made upon the appellants arrival in the UK, the respondent issued and served a ‘Notice of Cancellation of Leave to Enter’. The Immigration Officer was satisfied that there had been a change in the appellants’ circumstances that was, or would have been, relevant to their eligibility for entry clearance. The Notice served on each of the appellants is for all intents and purposes in similar terms. The respondent said:

“You were eligible for that entry clearance on the basis that Lydia Afua Opoku is resident in the UK or would be travelling to the UK within six months of the date of your application, and you would be accompanying them to the UK or joining them in the UK. As Lydia Opoku is not present in the UK nor accompanying you today, I am satisfied that there has been a change of circumstances which would have been directly relevant to your eligibility for entry clearance under FP6(1)(d) of Appendix EU (Family Permit).

When you arrived in the United Kingdom on 2^nd December 2021 accompanied by your two siblings … you claimed to be joining your father Fred Kwaku Duah … (who holds limited leave to remain until 20 August 2024) and your stepmother Lydia Afua Opoku who holds EU Settled Status. Numerous attempts were made on the date of your arrival to contact your stepmother (your sponsor) without success. An appointment was scheduled for 17 December 2021 for your father and stepmother to attend for further interview together. On 17 December 2021 your stepmother Lydia Afua Opoku attended at Terminal 5 with an unknown male. During the interview she stated that she had not sponsored yours or your siblings’ applications for a EUSS Family Permit and that your father had done so without her knowledge or consent. Furthermore, she confirmed that she was unwilling to sponsor your applications.”