IA/12395/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/12395/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 18 January 2017
On 25 January 2017


Before

Upper Tribunal Judge John FREEMAN


Between

Akinkunmi Olugbemileke AKIWUMI

Appellant
and

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


Representation:

For the appellant: Mr S Nwaekwu, solicitor
For the respondent: Mr Stephen Staunton


DECISION AND REASONS

1. This is an appeal from Judge Stuart Taylor, dealing with the case on the papers at Taylor House on 1 September 2016, by a citizen of Nigeria. On 1 July 2014 he was married to a Portuguese lady, and on 12 November he was refused a residence card as her husband, because the Home Office said there was no evidence she was a qualified person.

2. The judge did not seem to have been entirely clear as to what the law required contrary to the position with a points-based system application. It was enough in a case of this kind, as the decision in Boodhoo (EEA Regs: relevant evidence) Mauritius [2013] UKUT 346 (IAC) made clear, to produce evidence which showed that the sponsor was a qualified person as of the date of the hearing. There was evidence which would have shown that but the judge would not accept it because it had been sent in by fax, which he described as open to abuse, and not to be relied on without seeing the originals.

3. It is suggested in the grounds of appeal that further inquiries should have been made by the judge. Whether that was right or wrong does not matter now, because the original documents have been produced and seen by Mr Staunton for the Home Office, who agreed that in the circumstances the judge's decision can be reversed and the appeal allowed.

Appeal 
(a judge of the Upper Tribunal)