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The Court of Appeal has handed down judgment in Mustaj v Secretary of State for the Home Department [2025] EWCA Civ 663, refusing an appeal on the correct interpretation of sub-paragraph (aaa) to the definition of “durable partner” within Appendix EU of the Immigration Rules.
Although critical of the “convoluted” drafting of the definition, the Court found that correct interpretation of (aaa) is that a durable partner who did not have a required EEA document, who was relying on the exception at paragraph (aaa) to that requirement, must otherwise have been lawfully in the UK. In doing so, the Court upheld the Upper Tribunal’s decision in Hani v Secretary of State for the Home Department Hani (EUSS durable partners: para. (aaa)) [2024] UKUT 68.
The Court also confirmed, relying on the interpretative guidance in Inco Europe Ltd v First Choice Distribution [2000] 1 WLR 586, the correct interpretation of the current iteration of Appendix EU.
The judgment can be found here.
Natasha Jackson acted for the Secretary of State.
