IA/23855/2014

  • 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/23855/2014


THE IMMIGRATION ACTS


Heard at Field House
Decision and Reasons Promulgated
On 2 September 2015
On 5 October 2015



Before

UPPER TRIBUNAL JUDGE GLEESON


Between

SAMUEL APPIAH
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


Representation:
For the Appellant: Ms J Isherwood, a Senior Home Office Presenting Officer
For the Respondent: Mr R Griffiths-Anderson, a legal representative with Frederick Rine Solicitors


DECISION AND REASONS
1. The Secretary of State challenged the decision of the First-tier Tribunal to allow the appellant's appeal against her decision to refuse him an EEA residence card as the extended family member of an EEA national with whom he was in a durable relationship.
2. First-tier Tribunal Judge Graham found as a fact that such a durable relationship existed and allowed the appeal outright, which was wrong in law: the correct outcome should have been to allow the appeal to the extent that it was not in accordance with the law, to enable the respondent to consider the exercise of her discretion under regulation 17(4) of the Immigration (European Economic Area) Regulations 2006 (as amended).
3. By consent, it was agreed that an appropriate decision should be substituted. The finding of the First-tier Tribunal as to the existence of a durable relationship at the date of hearing (13 April 2015) is expressly preserved.
Conclusions:
The making of the decision of the First-tier Tribunal did involve the making of an error on a point of law. I set aside the decision and remake it by allowing the claimant's appeal to the extent that the Secretary of State's decision is not in accordance with law and that the claimant's application remains before her for the making of a lawful decision under Regulation 17(4) of the Immigration (European Economic Area) Regulations 2006 (as amended).




Date:
Signed:
Upper Tribunal Judge Gleeson