[2024] UKUT 00336 (IAC)

The case put forward by Mr Buley KC on behalf of the AIRE Centre opposes the Secretary of State’s appeal and submits that this case raises an important question concerning the interpretation and implementation of the Withdrawal Agreement. The AIRE Centre’s core submission is that it is clear from the Withdrawal Agreement that a proportionality analysis is required in the case of conduct that post-dates the transition period, and that this does not infringe on the distinction drawn in the Withdrawal Agreement between post-transition period conduct and conduct taking place before the end of the transition period. Mr Buley’s submissions broadly reflected those which were made on behalf of Ms Vargova.

The AIRE Centre asserts the First-tier Tribunal did not misdirect itself or, alternatively, that any misdirection was not material to the outcome.