Tajamal Hazoor Randhawa v The Secretary of State for the Home Department

Facts

The appellant, Tajamal Hazoor Randhawa, is a national of Pakistan with a wife and six children in Pakistan and a brother who moved to Italy in 1998 and acquired Italian nationality. The appellant says he relocated to Italy in 2017, lived with his brother and was financially dependent on him; the Italian authorities issued him a document entitled "Residence Card of a Family Member of a Union Citizen". On 19 December 2019 the two brothers flew to Manchester airport, where the appellant showed the immigration officer his passport, his Italian residence card and his Italian identity card. No questions were asked, no stamp was placed in his passport, and the officer said "you can go". They have lived in Rochdale ever since, and the brother was granted pre-settled status. The appellant applied four times for pre-settled status under the European Union Settlement Scheme contained in Appendix EU to the Immigration Rules; each refusal explained that he needed an EEA family permit or residence card issued under the Immigration (European Economic Area) Regulations 2016, which he never applied for. His appeal against the fourth refusal was allowed by the First-tier Tribunal, but the Upper Tribunal set that decision aside for error of law, re-made it and dismissed the appeal for five reasons. He appealed with permission on two grounds, and the Secretary of State filed a respondent's notice seeking to uphold the result on different reasoning.