Following a hearing before the Master of the Rolls, Lord Justice Baker and Lord Justice Stuart-Smith on 31 October 2023 the court concluded in R (Ozmen) v SSHD [2023] EWCA Civ 1366 that the original decision maker and the Upper Tribunal Judge fell into error.   One of the two reasons for refusing the ECAA application was plainly both wrong and unfair.  The original decision was a superficial and flawed analysis which should have been recognised as such by the administrative review and the Upper Tribunal Judge.

The appellant was represented by Redstone Solicitors led by Yasar Dogan and counsel team Matthew Moriarty (Upper Tribunal and Court of Appeal written advocacy) and Emma Daykin (Court of Appeal oral advocacy) members of One Pump Court Chambers public law and immigration teams.