(Immigration and Asylum Chamber) Appeal Number: EA/04121/2017
THE IMMIGRATION ACTS
Heard at the RCJ
On 3rd December 2018
On 6th December 2018
UPPER TRIBUNAL JUDGE COKER
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the appellant: Mr S Karim counsel instructed by AWS solicitors
For the respondent: Mr D Clarke, Senior Home Office Presenting Officer
DETERMINATION BY CONSENT
Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:
Upon the determination by First-Tier Tribunal Judge Housego promulgated on 4th July 2018 disclosing a material error of law and being set aside on 3rd December 2018.
And upon the parties agreeing that the evidence establishes that the appellants have met the requirements of the EEA Regulations the appeal by the appellants against the refusal of an EEA Family Permit is allowed.
The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is allowed.
Signed Date 3rd December 2018
Upper Tribunal Judge Coker