IA/18994/2015 & IA/17761/2015

  • Case title:  
  • Appellant name:
  • Status of case: Unreported
  • Hearing date:
  • Promulgation date:
  • Publication date:
  • Last updated on:
  • Country:
  • Judges:

The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/19984/2015
IA/17761/2015


THE IMMIGRATION ACTS

At Field House
Decision & Reasons promulgated
on the papers
on 21 February 2017


Before

UPPER TRIBUNAL JUDGE HANSON


Between

UGHARA GODWIN
DEBORAH FLORENCE GODWIN
Appellants
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent


DECISION AND REASONS


1. On the 9 January 2017 the Upper Tribunal found an error of law material to the decision of the First-tier Tribunal in allowing the appeals of the above appellants against the refusal of a Registration Certificate in relation to the first appellant, a German national, and a Residence Card in recognition of the right of the second appellant to reside in the UK as a family member of an EEA national exercising treaty rights in the United Kingdom.
2. Directions were given at the conclusion of the Error of Law hearing to enable the appellants to produce further evidence in support of their claim. The matter was listed for further hearing on 13 February 2017.
3. On 30 January 2017 Mr Bates, Senior Home Office Presenting Officer, wrote to the Upper Tribunal acknowledging receipt of a number of documents that had now been provided by the appellants and stating as follows:

"In light of the new information received the Secretary of State is now satisfied that Mr Godwin is exercising treaty rights in the United Kingdom and consequently is entitled to the confirmation of his EEA Rights of by way of a Registration Certificate, and his spouse by way of a Residence Card.

Given the Secretary of State maintains that are our original decision of 24/4/15 was correct in law at the date it was made, I would invite the tribunal to allow the Appellants Appeal on the basis of the above concession in respect of the post decision evidence."

4. On the basis that the appellants have now provided appropriate documentary evidence to prove their entitlement, and in light of the Secretary of State's stated position, the appeals are allowed.


Signed??????????????????.
Upper Tribunal Judge Hanson

Dated the 20 February 2017



Anonymity.

5. The First-tier Tribunal did not make an order pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.

I make no such order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.



Signed??????????????????.
Upper Tribunal Judge Hanson

Dated the 20 February 2017