Randhawa (Appellant) v Secretary of State for the Home Department (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0133

Parties

Appellant(s)

Tajamal Hazoor Randhawa

Respondent(s)

Secretary of State for Home Department

Issue

(1) Do an Immigration Officer’s words - “You can go” - amount to facilitation by the UK of the Appellant’s residence in accordance with national legislation, as required by Article 10(2) of the Withdrawal Agreement? (2) Does the same satisfy the condition in Article 18(1)(1)(iv) of the Withdrawal Agreement?

Facts

The Appellant, Mr Randhawa, is a citizen of Pakistan. His brother is a citizen of Italy. Mr Randhawa joined his brother in Italy in 2017 as a dependent family member, and was issued with a residence card. On 12 December 2019, Mr Randhawa and his brother moved to the UK. Upon their arrival at the airport, an Immigration Officer waived Mr Randhawa through passport security without stamping his passport. In doing so, the Immigration Officer said the words, “You can go”. Mr Randhawa and his brother applied for pre-settled status under the EU Settlement Scheme. While his brother’s application was successful, Mr Randhawa’s was not. The First-tier Tribunal dismissed Mr Randhawa’s appeal. The Upper Tribunal set aside this decision as being wrong in law, but they subsequently dismissed Mr Randhawa’s underlying appeal anyway. The Court of Appeal dismissed his appeal. Mr Randhawa now appeals to the Supreme Court.