IA/20854/2015

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/20854/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 27 September 2016
On 30 September 2016


Before

DEPUTY UPPER TRIBUNAL JUDGE G A BLACK


Between

Secretary of State for the Home Department
Appellant
and

shahid nadeem
(ANONYMITY DIRECTION NOT MADE)
Respondent


Representation:
For the Appellant: Mr K Norton, Home Office Presenting Officer
For the Respondent: Mr A Alam of Counsel instructed by Law Lane Solicitors


DECISION AND REASONS
1. This is an appeal by the Secretary of State in respect of a decision made by First-tier Tribunal (Judge Pears) ("FTT") promulgated on 5 April 2016 in which he allowed the Claimant's appeal against the Secretary of State's decision to issue a residence card as the family member of an EEA national under the EEA Regulations 2006. (I shall refer to the parties as "the Secretary of State" who is the appellant and to Mr Nadeem as "the Claimant."
2. In grounds of application for permission to appeal the Secretary of State contended that the FTT was wrong to find that the sponsor was working and that the FTT had not addressed the issue of self-employment and Treaty rights. The sponsor failed to take the necessary steps to register as self-employed with HMRC and it was argued that the burden of proof had not been discharged.
3. Permission to appeal was granted by First-tier Tribunal Judge Page on 30 August 2016.
4. In the decision and reasons the FTT dealt with the issue of whether or not the marriage was genuine and subsisting and found that it was, particularly having regard to the fact that a child was born on 19 February 2015. The FTT further found that the sponsor provided invoices to establish self-employment and found credible evidence that income figures had been provided to his accountant and to HMRC. The FTT further found that there was sufficient evidence to show that the business existed and there was current economic activity.
5. The matter comes before me this morning as an error of law hearing. Mr Norton for the Secretary of State confirmed that having reviewed the appeal the Secretary of State has reconsidered whether or not there were errors or grounds to contest the decision and reasons. It was accepted that page 158 of the Claimant's bundle is documentary evidence showing that documents were provided to HMRC. Mr Norton conceded that the grounds can no longer be sustained.
6. I am entirely in agreement with the position now taken by the Secretary of State and would have made such a decision in any event, had this not been conceded. I find no material error of law and the decision made by the First-tier Tribunal shall stand.

Notice of Decision
This appeal is dismissed. The FTT decision shall stand and the Claimant's appeal is allowed.
No anonymity direction is made.


Signed Date 30.9.2016

GA Black
Deputy Upper Tribunal Judge G A Black


TO THE RESPONDENT
FEE AWARD
As I have allowed the appeal and because a fee has been paid or is payable, I have considered making a fee award and have decided to make a no fee award consistent with the decision made by the FTT.


Signed Date 30.9.2016

GA Black
Deputy Upper Tribunal Judge G A Black