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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/12757/2016

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Decision & Reasons Promulgated
On 14 th May 2018	On 29 May 2018

 

Before

 

Upper Tribunal Judge Chalkley

 

 

Between

 

Abdelkrim Yesli

(ANONYMITY DIRECTION not made)

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

Representation :

For the Appellant: Mr K Alim, Counsel

For the Respondent: Mr T Wilding, a Senior Home Office Presenting Officer

 

 

DECISION AND REASONS

 

1. The appellant is a citizen of Algeria born on 3 ^rd September 1972 who made application to the respondent on 13 ^th April 2016 for a permanent residence card. He arrived in the United Kingdom on 3 ^rd November,2008 with a six month visa valid from 21 ^st September 2008 until 21 ^st March 2009 and on 7 ^th February 2011 he applied for an EEA residence card which was issued on 10 ^th May 2011 until 10 ^th May,2016. The application of 13 ^th April 2016 was refused by the respondent on 6 ^th October. He appealed to the First Tier Tribunal who dismissed his appeal.

 

2. It was accepted by the respondent in the refusal letter that the appellant had submitted employment history in respect of his former wife for the years 2010/2011, 2011/2012, 2012/2013, 2013/2014 and 2014/2015, but had not provided sufficient evidence to show that his ex-wife was exercising treaty rights between 26 ^th July 2015 to 28 ^th August 2015. In order to succeed in his appeal, the appellant needed to demonstrate that his EEA national former was working or actively seeking work during that period.

 

3. This morning I pointed out to Mr Wilding that it appeared from page 174 of the appellant's bundle that the appellant's former wife was continually employed between 24 ^th November 2014 and 13 ^th November 2016. He agreed and accepted that the appeal should be allowed. I believe he was correct. The making of the decision by the First Tier Tribunal involved the making of a material error of law; the evidence had not been properly assessed. I set aside the earlier determination. I agree with Mr Wilding and allow the appeal.

 

 

Richard Chalkley

 

Upper Tribunal Judge Chalkley

 

 

 

 

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 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 Date: 17 May 2018