Secretary of State for the Home Department v MB

The Secretary of State had appealed the decision of the First-tier Tribunal allowing the appellant’s appeals against (i) a decision to deport him under the EEA Regulations, (ii) a decision to refuse his human rights claim, and (iii) a decision to refuse his application for EU settled status (“EUSS”).

The Upper Tribunal dismissed the Secretary of State’s appeal on all grounds and upheld the decision of the First-tier Tribunal. The judgment addresses 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 circumstances where they simultaneously challenge both a deportation order and an EUSS refusal based solely on the existence of the deportation order under challenge. The judgment also considers the proper scope and limits of the Tribunal’s appellate jurisdiction in relation to alleged errors of law.

Rayan Fakhoury acted (unled) for the successful appellant.

The decision may be found here.