IA/02524/2015

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The decision


IAC-FH-AR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/02524/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 9th December 2015
On 7th January 2016



Before

THE HONOURABLE LORD BOYD
UPPER TRIBUNAL JUDGE FRANCES


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

PRAVEEN KUMAR RAMACHANDRASWAMY
(anonymity direction NOT MADE)
Respondent


Representation:
For the Appellant: Mr S Walker, Home Office Presenting Officer
For the Respondent: Miss M Hannan, Corban Solicitors


DECISION AND REASONS
1. This is the Secretary of State's appeal but we shall refer to the parties as in the First-tier Tribunal. The Appellant's appeal against the refusal of a residence card was allowed by First-tier Tribunal Judge Colyer on the basis that the Appellant was entitled to a permanent residence card under Regulation 15 of the EEA Regulations.
2. It was agreed by the parties that the judge had erred in law because the Appellant had not been residing in the United Kingdom for a continuous period of five years.
3. We therefore set aside paragraph 37 of the decision. There was no error in relation to the judge's findings under Regulations 6 and 7 and those were not challenged by the Respondent in this appeal.
4. We accordingly remake the decision. The Appellant has a right of residence under Regulation 14(2) of the EEA Regulations 2006 and therefore the appeal is allowed under the EEA Regulations 2006.
Notice of Decision
The Secretary of State's appeal is allowed.
The Appellant's appeal is allowed under the EEA Regulations 2006.
No anonymity direction is made.


Signed Date

Upper Tribunal Judge Frances