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Conclusion : para. (aaa) applied to the appellant’s case
Conclusion : para. (aaa) applied to the appellant’s case
At 11.00PM on 31 December 2020 the appellant was on immigration bail. That was not a “lawful basis of stay” for the purposes of para. (aaa), with the consequence that the absence of a “relevant document” was fatal to his application succeeding as the durable partner of Ms Podaru, the sponsor.
The Secretary of State’s decision of 23 June 2021 was thus in accordance with the residence scheme immigration rules, and this appeal is dismissed.
- Heading
- In this decision, we address
- Factual background
- Principal controversial issues
- THE FIRST ISSUE
- Decisions of the Upper Tribunal: Basha, Drini and Kabir
- Para. (aaa): requirement for relevant document where no other lawful basis of stay
- Statement of Changes to the Immigration Rules HC 1160
- Conclusion: para. (aaa)
- THE SECOND ISSUE
- Legal framework
- Immigration bail not a “lawful basis of stay” for the purposes of para. (aaa)
- Conclusion : para. (aaa) applied to the appellant’s case
- Conclusions