Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-002440

First-tier Tribunal No: EA/01234/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 17th of October 2025

Before

DEPUTY UPPER TRIBUNAL JUDGE BURNETT

Between

Yamileth Angola
(NO ANONYMITY ORDER MADE)
Appellant
and

The Secretary of State for the Home Department
Respondent

Representation:
For the Appellant: The appellant was not represented.
For the Respondent: Ms Clewley Senior Presenting Officer.

Heard at Field House on 24 September 2025

DECISION AND REASONS
1. This is an appeal against the decision of a judge First-tier Tribunal, promulgated on 19 May 2025, dismissing the appellant’s appeal against the refusal of her application under the EU Settlement Scheme.
2. Permission to appeal was granted by Upper Tribunal Judge O’Brien on the basis that it was arguable the First-tier Tribunal erred in law by failing to take into account relevant documentary evidence submitted by the appellant.
3. The appeal was considered in line with the grant of permission, and on the basis of whether the First-tier Tribunal had failed to consider a number of documents that were material to the assessment of whether the appellant was in a durable relationship with her partner as of 31 December 2020. The appellant’s bundle was said to have been filed on 10 July 2024. However, the Tribunal record includes documents bearing a received stamp dated 7 November 2024. This was before the judge wrote the decision and decided the appeal.
4. The appellant also produced an appeal statement but this is dated 1 April 2025 and hence was after the decision of the judge. I have not taken this into account is considering whether there was a material error of law.
5. The decision under challenge was considered on 18 February 2025 and promulgated on 21 March 2025. The judge does not refer to any documents which were in the Spanish language and the bundle received by the Tribunal in November 2024. At [2] and [14] the judge refers to the documents considered, which were Monzo bank statements and a council tax letter.
6. The judge’s reasoning focuses on the absence of sufficient evidence of a durable relationship as of 31 December 2020 and evidence of co-habitation. However, the appellant’s submitted documents, some of which are in Spanish and untranslated, which carry a date before the exit date 31 December 2020, and so may have been relevant to that issue. It is noted that the documents refer to the appellant and her partner, which can be easily deciphered, despite being in Spanish. There is no indication in the decision that the judge considered whether the documents were before the Tribunal, nor any analysis of their content or probative value or whether further directions should have been issued before deciding the appeal.
7. Ms Clewley submitted that the documents were not translated and so could not be considered as material. However, it was explored with the appellant at the hearing whether she had been informed that the documents needed translating. She explained that the first time she had been informed of this, she provided a translation, which she had sent to the Upper Tribunal. The appellant is not represented and so directions about the language of the documents provided and that translations were required if they were not in the English language, should have been sent. I could find nothing within the papers I had received which demonstrated that the appellant was informed of this.
8. I should also note that the appellant also stated that it had not been explained to her that she could have an oral hearing as opposed to a hearing with only consideration of the documents.
9. The failure to consider potentially material evidence amounts to a procedural irregularity and an error of law.
Notice of Decision
10. The decision of the First-tier Tribunal involved the making of an error of law and is set aside.
11. The matter is remitted to the First-tier Tribunal for a fresh hearing before a judge other than Judge Mulholland, with no preserved findings of fact. This should be listed as an oral appeal hearing.

Iain Burnett

Deputy Judge of the Upper Tribunal
Immigration and Asylum Chamber
13 October 2025.