(Immigration and Asylum Chamber) Appeal Number: EA/06369/2016
THE IMMIGRATION ACTS
Determined at Field House
Decisions & Reason Promulgated
On 7th January 2019
On 15th January 2019
UPPER TRIBUNAL JUDGE COKER
OLUSANJO AKINFENWA AWODE
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
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 J Traynor promulgated on 11th April 2018 disclosing a material error of law and being set aside on 5th November 2018 by consent.
And upon the Secretary of State being satisfied that the appellant acquired a permanent right of residence under Regulation 15(1)(f) of the Immigration (European Economic Area) Regulations 2006 on 30th August 2014: Ms Boutchich was demonstrably exercising Treaty rights throughout the 4 years 11 months of the marriage including at the date of initiation of divorce proceedings and Mr Awode met the requirements of regulation 10(3)/(6) by way of his own employment until completion of 5 years
The appeal by Mr Awode against the refusal of his permanent residence card 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 7th January 2019
Upper Tribunal Judge Coker