Further to our earlier post, the Court of Appeal has today allowed the appeal of Mr Hasanaj.
Mr Hasanaj entered the UK in March 2019 along with his sister and her children. On arrival at the border, the Immigration officer stamped Mr Hasanaj’s passport with the words “Admitted to the United Kingdom under the Immigration (EEA) Regulations 2016”.
Mr Hasanaj then made an application under Appendix EU in June 2021 which was refused on the basis that he did not hold a ‘relevant document’.
At the Upper Tribunal, it was argued on behalf of Mr Hasanaj that the entry and residence granted by the immigration officer in 2019 amounted to facilitation of entry and residence and as such, Mr Hasanaj was entitled to the protection afforded to him within the Withdrawal Agreement.
Lewis LJ found at § 73 of the Judgment:
“In the present appeals, immigration officers decided to admit Mr Vasa and Mr Hasanaj to the United Kingdom, that is they decided to allow them to enter the United Kingdom and reside here with family members who were EU nationals resident in the United Kingdom. Those decisions amounted to the facilitation of residence by the relevant national authorities. On an application under the Settlement Scheme, the Secretary of State was required to accept the stamps in their passports as evidencing the decision to admit Mr Vasa and Mr Hasanaj to the United Kingdom. The refusal to do so involved a breach of their rights under Article 18(1)(l)(iv) of the Withdrawal Agreement. I would therefore uphold the decision of the Upper Tribunal to allow the appeal in Mr Vasa’s case, albeit on different grounds. I would allow the appeal in Mr Hasanaj’s case.”
The Judgment effectively reverses the reported decision in Allaraj (EEA EFMs, admission, IO’s stamps) UKUT 00277.
Mr Hasanaj was represented by Sanaz Saifolahi in the Upper Tribunal. Sanaz was led by Anthony Metzer KC in the Court of Appeal where they both represented Mr Hasanaj and they were instructed by Hayk Sayadyan of Gulbenkian Andonian Solicitors.
https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/777
Related barristers: Anthony Metzer KC, Sanaz Saifolahi
