[2025] UKUT 00351 (IAC)

The Secretary of State appeals against the First-tier Tribunal decision to allow the underlying appeal on the application of the rules which implemented the EU Settlement Scheme as they relate to applicants asserting a derivative right of residence to preserve the ability of an EU national child to enjoy their free movement rights. We are asked to set aside that decision on two fundamental and interconnected points of principle, one of which is procedural in scope while the other involves substantive rights under the European legal framework. In short, the Secretary of State invites us to overturn a decision, which was founded on a concession, because, it is argued, the judge was led astray into demonstrable and hard-edged legal error.

We have decided to maintain the anonymity order originally made in these proceedings by the First-tier Tribunal because MH is a complainant in an investigation into a serious sexual offence and therefore attracts an automatic anonymity order by operation of ss.1-2 of the Sexual Offences (Amendment) Act 1992. As these proceedings encompass discussion of that investigation, we are bound by statute to order her anonymity. There is no question of balancing the fundamental principle of open justice because Parliament has decided that an anonymity order is required in these circumstances.

To avoid confusion, and for the remainder of this decision, we will refer to the parties as they were before the First-tier Tribunal.

This is a decision to which both members of the panel have contributed.