Ayoola (appellant) v The Secretary of State for the Home Department (respondent)
Thursday 6 November 2025
Appeal against the decision of the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) promulgated on 18 March 2024.
In a decision dated 10 May 2021 the SSHD refused the Appellant’s application under the EUSS as a “person with a Zambrano right to reside”.
The appellant’s appeal against the SSHD’s decision was originally heard and allowed by First-tier Tribunal Judge Colvin by a decision dated 9 March 2022. The SSHD appealed. By a decision promulgated on 7 December 2022, the Upper Tribunal Judge allowed the SSHD’s appeal, on the basis that the judge had failed to provide reasons for allowing the appeal, and erred in relation to the law applicable to Zambrano rights of residence. The panel set aside the decision of the First-tier Tribunal, and gave directions for the decision to be remade in the Upper Tribunal.
The matter was then heard by the Upper Tribunal who remade the decision and dismissed the appeal finding they did not have jurisdiction as the Article 24 (2) matter was a new matter for which the SSHD did not consent to being considered by the UT.
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