UI-2025-002534 & UI-2025-002535

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-002534 & UI-2025-002535
FtT No: EU/54533/2024, LE/00496/2025 EU/54534/2024, LE/00615/2025

THE IMMIGRATION ACTS

Decision & Reasons Issued:
On 7 October 2025

Before

UPPER TRIBUNAL JUDGE SHERIDAN

Between

(1) MITAT TOSKA
(2) XHEZMIJE TOSKA
(NO ANONYMITY ORDER MADE)
Appellants
and

ENTRY CLEARANCE OFFICER
Respondent

Representation:
For the Appellants: Mr Plowright, instructed by Maxwell Solicitors
For the Respondent: Ms Clewley, Senior Home Office Presenting Officer

Heard at Field House on 29 September 2025


DECISION AND REASONS
1. The appellants are Albanian citizens who sought entry to the UK as dependent relatives of their daughter, a Greek national with leave under the EU Settlement Scheme. The applications were refused as it was not accepted that the appellants were dependent on their daughter.
2. The appellants appealed to the First-tier Tribunal (“FTT”) against the respondent’s decision to refuse their applications. Their appeal was unsuccessful. They appealed against the FTT decision to the Upper Tribunal. The Upper Tribunal set aside the decision of the FTT and directed that the appeal would be remade in the Upper Tribunal.
3. At the outset of today’s hearing to remake the decision, Ms Clewley stated that, having reviewed the new evidence submitted by the appellants (that had not been before the respondent when the original decision to refuse the application was made) she was satisfied that the appellants are entitled to a grant of entry clearance. She stated that a new decision will be made with a view to granting entry clearance and that the appeal is conceded.
4. In the light of Ms Clewley’s concession, I did not need to hear from Mr Plowright.

Notice of Decision
5. The decision of the FTT was set aside by the Upper Tribunal on 13 August 2025.
6. I remake the decision of the FTT by allowing the appeal.


D. Sheridan

Judge of the Upper Tribunal
Immigration and Asylum Chamber


29 September 2025