Simon Bilbao Prado v Secretary of State for the Home Department

Facts

The appellant, Simon Bilbao Prado, is a professional polo player with dual Argentinian and Spanish nationality, born on 30 January 1999. On 30 March 2023 he applied for leave to remain under the European Union Settlement Scheme. The respondent, the Secretary of State for the Home Department, refused the application, and on administrative review concluded on 24 October 2023 the refusal was upheld. The appellant appealed to the First-tier Tribunal under Regulation 5(a) of The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, contending that the decision was not in accordance with the Residence Scheme Immigration Rules. It was agreed that he is a relevant EEA citizen by virtue of his Spanish nationality, that he had been in the United Kingdom sporadically from 2016, and that he was absent from the United Kingdom from September 2019 until May 2021 — a period straddling the specified date of 2300 GMT on 31 December 2020 and exceeding twelve months. He was in the United Arab Emirates from January 2021 until April 2021, employed as a professional polo player. He accepted the length of the absence but said it was for an important reason within Annex 1 to Appendix EU to the Immigration Rules, namely that he had contracted coronavirus — he tested positive on 5 October 2020 — and was prevented from returning. The appeal was heard at Hatton Cross on 20 August 2026.