Rexhaj (respondent) v Secretary of State for the Home Department (appellant)

Wednesday 10 – Thursday 11 April 2024

Appeal by the SSHD against the decision of the Upper Tribunal Immigration and Asylum Chamber (UTIAC) promulgated on 24th April 2023 allowing the appeal of Rexhaj (R) from the determination of the First Tier Tribunal dismissing R’s appeal. R, a national of Albania, had sought Leave To Remain under the EUSS / Appendix EU.

The issue was whether R was an extended family member who continued to benefit from her EU sponsor in the UK when applying for leave in that category. R applied for an EU Family permit under Appendix EU as a dependent parent of her Albanian son and his Romanian wife who had ILR under the EUSS. She was granted entry for 6 months as she did not have to show dependency for the purpose of that application. While in the UK she applied under Appendix EU as a dependent parent of the sponsors. The application was refused for failure to prove dependency.

View hearing:

Day 1

Day 2