(Immigration and Asylum Chamber) Appeal no: EA/08791/2016
THE IMMIGRATION ACTS
On 21 January 2019
Decision & Reasons promulgated:
On 07 February 2019
Upper Tribunal Judge
Angelica YAA KUMAH
For the appellant: Sonia Ferguson (counsel instructed by Shan & Co)
For the respondent: Miss Alexandra Everett
DETERMINATION AND REASONS
This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Sarvanjan Kaler), sitting at Hendon on 24 September 2018, to an EEA appeal by a citizen of Ghana, born 1957. The appellant had been refused a residence card as the wife of a Netherlands citizen.
2. The respondent, and the judge accepted that the sponsor was a 'qualified person' by the date of the hearing, having been in regular work since March 2018; but the judge took the view that he had not shown this at the date of the application or the decision, and on that basis dismissed the appeal.
3. As Miss Everett quite rightly conceded, the law is set out in Reyes (EEA Regs: dependency)  UKUT 314, and allows the appellant to succeed on appeal by establishing the position at the date of the hearing on the basis of evidence produced to the tribunal.
4. In those circumstances the appeal is allowed by consent.
(a judge of the Upper Tribunal)
Date: 21 January 2019