United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/12675/2016

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision and Reasons Promulgated
On 5 th October 2018	On 10 th October 2018

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

 

Between

 

PEKI FAIROUSE AMADOU

(anonymity direction not made)

Appellant

And

 

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr A Maqsood

For the Respondent: Ms Z Kiss

 

 

DETERMINATION AND REASONS

 

1.          The appellant, a citizen of Togo, appealed the decision of the respondent to refuse her a residence card as the spouse and family member of Mr Yacoubou, an EEA national from Sweden. The respondent refused the application because the appellant had failed, he said, to provide sufficient evidence to demonstrate that her husband was a qualified person.

 

2.          In a decision promulgated on 22 ^nd March 2018, the First-tier Tribunal judge considered the evidence before him in the context of the regulations and the decision the subject of the appeal and dismissed the appeal. Permission to appeal to the Upper Tribunal was granted because it was arguable the First-tier Tribunal judge had considered the evidence as at the date of the respondent's decision rather than at the date of hearing, and that he had considered the application as an application for permanent residence rather than as an application for a residence card.

 

3.          The First-tier Tribunal hearing took place on 20 ^th February and the decision was promulgated on 22 ^nd March 2018. Although the First-tier Tribunal judge refers in [18] of his decision to being able to consider evidence relating to issues arising after the date of the decision, he unfortunately fails to have any regard to the fact that the appellant produced evidence of her husband's employment with Mundo Mobile Holding Limited since 4 ^th July 2016 and then to his employment with STM and payslips for his employment up to February 2018.

 

4.          The appellant's husband was plainly exercising Treaty rights such as to entitle the appellant to a residence card. Ms Kiss did not disagree.

 

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

 

I re-make the decision in the appeal by allowing it.

 

 

Date 5 ^th October 2018

 

 

Upper Tribunal Judge Coker