UI-2026-000088

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The decision



IN THE UPPER TRIBUNAL
IMMIGRATION AND ASYLUM CHAMBER Case No: UI-2026-000088
First-tier Tribunal No: EA/01817/2024

THE IMMIGRATION ACTS

Decision & Reasons Issued:

31st July 2026

Before

UPPER TRIBUNAL JUDGE LANE

Between

HUMU ABDUL KADIR
(NO ANONYMITY ORDER MADE)
Appellant
and

Secretary of State for the Home Department
Respondent

Representation:

For the Appellant: Mr Musa, the United Kingdom sponsor attended
For the Respondent: Ms Arif, Senior Presenting Officer

Heard at Birmingham Civil Justice Centre on 21 July 2026


DECISION AND REASONS
1. The appellant, a female citizen of Ghana, made an application for a Family Permit under the EU Settlement Scheme which was refused by the Secretary of State on 8 August 2024. She appealed to the First-tier Tribunal which dismissed her appeal. She now appeals to the Upper Tribunal.
2. At [12-13], the First-tier Tribunal judge wrote:
12. The only issue in this case is whether or not the appellant is a family member of an EEA national sponsor. In fact, she claimed to be the EEA national’s wife. The respondent doubted their claimed relationship because of concerns as to the reliability of her marriage certificate.
13 The appellant has sought to address the respondent’s concerns in a skeleton argument. The first of those is that the sponsor’s residence being stated as Germany in the marriage certificate was a mistake. However, the respondent observed that any mistake rectification of any mistake would necessarily result in the issue of a fresh certificate. The appellant claims that she has submitted one, but unfortunately, I did not find it amongst her documents.
3. At the Upper Tribunal initial hearing, Ms Arif for the Secretary of State told me that the respondent now accepts that, contrary to what the judge says at [13], an amended marriage certificate was in the papers before the First-tier Tribunal. Consequently, the judge’s decision is flawed and the decision will have to be remade. As the amended certificate was the only issue in the appeal and given that Ms Arif raises no objection to that document’s reliability, I set aside the decision of the First-tier Tribunal and remake the decision allowing the appeal against the Secretary of State’s refusal of the appellant’s application.
Notice of Decision
I set aside the decision of the First-tier Tribunal. I remake the decision and allow the appellant’s appeal against the decision of the Secretary of State dated 4 August 2024.


C. N. Lane

Judge of the Upper Tribunal
Immigration and Asylum Chamber


Dated: 21 July 2026