IA/25309/2015

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The decision


IAC-FH-AR-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: IA/25309/2015


THE IMMIGRATION ACTS


Heard at Field House
Decision & Reasons Promulgated
On 9th December, 2016
On 04th January 2017




Before

Upper Tribunal Judge Chalkley


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT


Appellant
and

MAHMOUD YAHIA AHMED ABDO
(ANONYMITY DIRECTION NOT MADE

Respondent

Representation:

For the Appellant: Mr T Wilding, Home Office Presenting Officer
For the Respondent: Mr F Khan, Counsel, instructed by NWL Solicitors


DECISION AND REASONS


1. In this appeal the Secretary of State for the Home Department is the appellant and I shall refer to her as being, "the claimant".

2. The respondent is a national of Egypt born on 21st May, 1980. He made application to the claimant for a residence card confirming his right of residence under European Community law following his divorce from his former spouse, an EEA national. The claimant made her decision on 30th June, 2015.

3. The respondent's appeal was heard by First-tier Tribunal Judge Page at Newport on 8th April 2016. At the hearing before him, it was accepted that there was only one issue, namely the respondent being able to prove his divorce.

4. The Home Office Presenting Officer accepted that this had now been resolved in the respondent's favour by the production of a divorce certificate. However, the judge should have gone on to consider if the respondent's former wife was still exercising treaty rights at the date of the divorce, and whether the respondent was still qualified.

5. The Secretary of State sought and was granted permission to appeal, but at the hearing before me today, on behalf of the Secretary of State, Mr Wildling and on behalf of the respondent, Mr Khan, both accepted that the error was not material and was incapable of affecting the outcome of this appeal.

6. In the circumstances the respondent's appeal is allowed.

Notice of Decision

The respondent's appeal is allowed.
No anonymity direction is made.

Richard Chalkley
Upper Tribunal Judge Chalkley


TO THE RESPONDENT
FEE AWARD

As I have allowed the appeal I have considered making a fee award and have decided to make a fee award of any fee which has been paid or may be payable (adjusted where full award not justified) for the following reason.

Richard Chalkley
Upper Tribunal Judge Chalkley