Leonard Vasa v The Secretary of State for the Home Department
[2024] EWCA Civ 777
Secretary of State for the Home Department v Elson Allaraj
4 October 2023
[2023] UKUT 277 (IAC)
Upper Tribunal
An immigration officer mistakenly stamped Mr Allaraj's passport, letting him into the UK. The court said the officer wasn't allowed to do that, so the stamp didn't count. Because of this, Mr Allaraj couldn't prove he had the right to stay and lost his appeal.
Key Facts
- •Mr Allaraj, an Albanian national, entered the UK unlawfully in 2013.
- •He was in a durable relationship with a Czech national.
- •On December 5, 2020, a UK Immigration Officer stamped his passport 'Admitted to the UK under the Immigration (EEA) Regulations 2016'.
- •He applied for pre-settled status under the EU Settlement Scheme, which was refused.
- •The issue before the court was the legality of the Immigration Officer's action and its impact on Mr Allaraj's application.
Legal Principles
Directive 2004/38/EC facilitates entry and residence of extended family members of EEA nationals, requiring an extensive examination of personal circumstances.
Directive 2004/38/EC
The Immigration (EEA) Regulations 2016 prescribed the application process and decision-making authority for extended family members.
Immigration (EEA) Regulations 2016
Immigration Officers lacked the power to admit extended family members unless they held a family permit, registration certificate, or residence card issued by the appropriate authority.
Immigration (EEA) Regulations 2016
Appeals against refusal of pre-settled status are limited to grounds of breaching Withdrawal Agreement rights or non-compliance with the Residence Scheme Immigration Rules.
Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020
Article 10 of the Withdrawal Agreement addresses the right of residence for those whose residence was facilitated before the end of the transition period.
Withdrawal Agreement
The Residence Scheme Immigration Rules require a relevant document (family permit or residence card) to demonstrate durable partnership with an EEA national.
Immigration Rules Appendix EU, Annex 1
Outcomes
The Upper Tribunal dismissed Mr Allaraj's appeal.
The Immigration Officer lacked authority to admit Mr Allaraj under the EEA Regulations; the stamp was ineffective. Mr Allaraj didn't meet the requirements of the Withdrawal Agreement or the Residence Scheme Immigration Rules.