MH (Appendix EU, withdrawal of concession) Albania
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What was at stake
The case reviews the withdrawal of an EU‑related concession for an Albanian national.
What the court decided
In the Appendix EU definition of "person with a derivative right to reside", category (a) does not exclude those who held another form of leave to remain, and the EU11/EU14 eligibility conditions must be met at the date of application and by the required date. The Tribunal set out eight non-exhaustive factors for deciding whether a party may withdraw a concession, the touchstone being "good reasons" inseparable from the overall interests of justice and fairness, with a wholesale concession that disposed of an entire appeal (made at a substantive hearing by a specialist advocate after full evidence) carrying significant weight against withdrawal. Applying this, the Upper Tribunal refused to let the Secretary of State resile from the concession and held the First-tier Tribunal's decision allowing MH's EUSS derivative-rights appeal did not involve an error of law.
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