[2024] UKUT 00235 (IAC)

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 parties on the judgment of Eyre J after it was handed down on 11 March 2023.

The Secretary of State appeals with the permission of First-tier Tribunal Judge Chowdhury against the decision of First-tier Tribunal Judge Ripley. By her decision of 5 September 2023, Judge Ripley allowed Mr Maisiri’s appeal against the Secretary of State’s refusal to grant him leave to remain under Appendix EU of the Immigration Rules.

In order to avoid confusion, we will refer to the parties as they were before the First-tier Tribunal: Mr Maisiri as ‘the appellant’ and the Secretary of State as ‘the respondent’. We will refer to the First-tier Tribunal as ‘the FtT’ and to Judge Ripley as ‘the judge’.