Secretary of State for the Home Department v Elson Allaraj
[2023] UKUT 277 (IAC)
Leonard Vasa v The Secretary of State for the Home Department
10 July 2024
[2024] EWCA Civ 777
Court of Appeal
Two Albanians were allowed into the UK. Border officers stamped their passports. The Home Office later said they needed other papers to stay. The court said the passport stamps were enough, because they showed the officials let them live here. The Home Office was wrong to refuse them permission to stay.
Key Facts
- •Leonard Vasa and Gentjan Hasanaj, both Albanian nationals, were admitted to the UK after border officials stamped their passports 'Admitted to the UK under the Immigration (EEA) Regulations 2016'.
- •Neither had family permits or residence cards under the 2016 Regulations.
- •Both applied for pre-settled or settled status under the EU Settlement Scheme but were refused due to lack of required documentation.
- •Appeals to the Upper Tribunal had conflicting outcomes, leading to these appeals to the Court of Appeal.
Legal Principles
The meaning of 'facilitated' and 'facilitation' in Article 10(2) and (3) of the Withdrawal Agreement.
Withdrawal Agreement
Rights of EU nationals and their family members to reside in the UK under EU law and the 2016 Regulations.
Directive 2004/38/EC, Immigration (EEA) Regulations 2016
The scope of Article 10(2) and (3) of the Withdrawal Agreement regarding extended family members of EU nationals.
Withdrawal Agreement
The requirements for granting pre-settled or settled status under the EU Settlement Scheme.
Appendix EU to the Immigration Rules
The legal effect of decisions made by public officials, and when they can be challenged.
Case law (Smith v East Elloe RDC)
Outcomes
Appeals allowed for both Vasa and Hasanaj.
The border officials' decisions to admit them, evidenced by the passport stamps, amounted to facilitation of residence under Article 10(2) of the Withdrawal Agreement. Refusal to grant pre-settled status was a breach of their rights under Article 18(1)(l)(iv) because the stamps served as the required documentation.
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