MB v Secretary of State for the Home Department
07 Feb 2024
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The First-tier Tribunal has today handed down judgment in an appeal brought by an EEA national against three decisions: (i) a decision to deport him under the EEA Regulations; (ii) a decision to deny his application for EU Settled Status (“EUSS”); and (iii) the refusal of his human rights claim.
The appeal was allowed on all three grounds, with the consequence that the Appellant, who arrived in the UK as a two-year-old and is father to three British children, will be permitted to remain in the UK with settled status.
The appeal deals with an important issue of principle as to the relationship between an EEA deportation appeal and an EUSS appeal, in particular in respect of the level of protection to which an EEA national is entitled in the assessment of the lawfulness of their deportation order in circumstances where, but for the deportation order, they would be entitled to settled status.
Rayan Fakhoury acted (unled) for the Appellant.
