Upper Tribunal Considers Durable Partners, Marriage And Human Rights Under The EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before the specified date, and also the question of whether human rights grounds of appeal could be raised in an appeal against the refusal of an application under the EU Settlement Scheme.

Facts of the Appeal in Celik

The Appellant was a citizen of Turkey who had arrived in the UK in 2007 and claimed asylum. His claim was refused, and his subsequent appeal was not successful. The Appellant remained in the UK without status.

The Appellant entered into a relationship with a Romanian national in December 2019. The couple began cohabiting in or after February 2020. On 19 October 2020, the Appellant made an application for leave to remain under the EU Settlement Scheme. This application was refused on the basis that the Appellant had not been issued with a