MF v Secretary of State for the Home Department

Facts

The appellant, MF, is a child born in June 2023. On 2 November 2023 an application was made on his behalf under the EU Settlement Scheme on the basis that he was the family member of a relevant sponsor within the meaning of Appendix EU to the Immigration Rules, the sponsor said to be his mother, an Italian national with pre-settled status in the United Kingdom. The Secretary of State for the Home Department refused the application on 12 April 2024, not being satisfied that the claimed relationship had been established to the required standard; the refusal letter explained that documentary evidence of the family relationship, including the child's full birth certificate, had been requested repeatedly and had not been produced. An in-time appeal was filed, with a request that it be determined on the papers, to which the respondent did not object. The reasons for appeal acknowledged that the birth certificate had not been provided in time and explained that efforts were being made to obtain it from Italy, where the appellant was born. The Tribunal issued directions on 29 October 2024, to which there was no response, and again on 31 December 2024; a document in Italian was filed on 3 January 2025, but no translation was ever provided despite a legal officer's request. The respondent maintained the refusal in a review issued on 26 September 2025.