(Immigration and Asylum Chamber) Appeal Numbers: IA/02400/2012
THE IMMIGRATION ACTS
Heard at Field House
On 24 May 2013
On 13 June 2013
UPPER TRIBUNAL JUDGE ESHUN
ms dawn edwards
mr horatio andre mattadeen
miss roshelle amdy findley
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellants: Mr T Lawrence, Southwark Law Centre
For the Respondent: Mr S Ouseley, Home Office Presenting Officer
DECISION ON ERROR OF LAW
1. The appellants are citizens of Jamaica. They are a mother born on 20 December 1970, a son born 15 January 1991 and a daughter born on 24 May 1997. The appellants sought confirmation of their entitlement to remain in the United Kingdom based on the 2006 EEA Regulations. The respondent refused their applications on 9 January 2012. Their appeals against the respondent’s decision were dismissed by First-tier Tribunal Judge Buckwell under the 2006 EEA Regulations and Article 8 of the ECHR.
2. The appellants were granted permission to appeal the judge’s decision by Upper Tribunal Judge Warr on 1 August 2012 for the reasons set in paragraph 1 of Mr Lawrence’s document entitled “Submissions for 24th May 2013 For Mention Hearing”. Paragraphs 2 and 3 of Mr Lawrence’s submissions set out the error of law that was conceded by the respondent and my decision to remit the matter for re-hearing by the First Tier Tribunal following the decision by the European Court of Justice in response to the reference made by the Upper Tribunal in Alarape and Tijani Case C-529/11. That decision has now been delivered and the decision has been summarised by Mr Lawrence in paragraph 4 of his submissions.
3. Mr Ouseley accepted that the two issues identified in paragraph 5 of Mr Lawrence’s submissions are the issues that the First-tier Tribunal needs to re-determine. They are whether each, if any, of the appellants enjoys a right of residence in European Union law from Article 14 of Regulation EU (No.492/2011) and secondly Article 8 of the ECHR. The further issue which needs to be determined is whether the first appellant’s marriage to Mr. Christian Tchamande, an EEA national was genuine.
4. In accordance with Practice Direction 7.2(b) I remit this matter for re-hearing by a First-tier Tribunal Judge other than Judge Buckwell.
This appeal is to be heard on 9 August 2013 at Taylor House
There will be five witnesses.
No interpreter is required.
Time estimate – 3 hours.
Upper Tribunal Judge Eshun