Tribunal decisions

The decision

IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER
Case No: UI-2025-004410
First-tier Tribunal No: EU/58987/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

On 20th of January 2026

Before

UPPER TRIBUNAL JUDGE LANE

Between

KHADY DIDI WADE
(NO ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Ndubuisi
For the Respondent: Ms Blackburn, Senior Presenting Officer

Heard at Edinburgh on 15 January 2026

DECISION AND REASONS

1. The appellant was born on 11 November 1977 and is a citizen of Senegal. He appealed to the First-tier Tribunal against decision of the respondent dated 1 November 2024 refusing his application for a family permit under the EU Settlement Scheme. He now appeals to the Upper Tribunal.

2. At the outset of the initial hearing at Edinburgh on 15 January 2026, Ms Blackburn, Senior Presenting Officer for the Secretary of State, told me that the respondent now accepted that the appellant met the relevant rules and that his appeal should be allowed. She stressed that the respondent’s decision and that of the First-tier Tribunal had been valid on the basis of the evidence available to her at that time; the appellant has proved his compliance with the rules by the submission of new evidence which post-dated the decision under challenge and the respondent’s Rule 24 response.

3. In the circumstances, I allow the appeal, set aside the decision of the First-tier Tribunal and remake the decision allowing the appellant’s appeal against the decision of the respondent dated 1 November 2024.

Notice of Decision

The appeal is allowed. I remake the decision and allow the appellant’s appeal against the decision of the respondent dated 1 November 2024

C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber

Dated: 15 January 2025