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Conclusions
Notice of Decision
The Secretary of State’s appeal is dismissed. The decision of the FtT to allow the appeal shall stand.
Mark Blundell
Judge of the Upper Tribunal
Immigration and Asylum Chamber
14 June 2024
- Heading
- We regret the delay in issuing this decision, which was caused in large part by the decision in R (Akinsanya & Aning-Adjei) v SSHD [2024] EWHC 469 (Admin) and the need to seek the submissions of the p
- Background
- The Appeal to the First-tier Tribunal
- The Appeal to the Upper Tribunal
- The Immigration (EEA) Regulations 2006 and 2016
- The Immigration Rules
- Published Policy
- Analysis
- The Secretary of State’s First Difficulty – The Construction of the Immigration Rules
- The Secretary of State’s Second Difficulty – No Support in the Authorities
- The Secretary of State’s Third Difficulty – Realistic Prospect Test Unfair and Unworkable
- Eyre J’s decision in Akinsanya & Aning-Adjei
- The Written Submissions on Eyre J’s Judgment
- Conclusions