(Immigration and Asylum Chamber) Appeal Number: EA/05287/2018
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 21 August 2019
On 30 August 2019
UPPER TRIBUNAL JUDGE KOPIECZEK
DEPUTY UPPER TRIBUNAL JUDGE METZER
STELLA BRIGHT BAFFOE
SECRETARY OF STATE FOR THE HOME DEPARTMENT
For the Appellant: Mr M. Al-Rashid, Counsel instructed by Carlton Law Chambers
For the Respondent: Ms A. Everett, Senior Home Office Presenting Officer
DECISION PURSUANT TO RULE 40(3) OF THE TRIBUNAL PROCEDURE (UPPER TRIBUNAL) RULES 2008
1. The appellant appealed to the First-tier Tribunal ("FtT") against a decision dated 18 July 2018 to refuse a permanent residence card as the family member of an EEA national. The FtT dismissed the appellant's appeal.
2. At the hearing before us on 21 August 2019 it was agreed between the parties that the FtT erred in law for the reasons advanced in grounds of appeal in relation to the decision of the FtT.
3. It was also agreed between the parties that the errors of law are such as to require the decision of the FtT to be set aside, and for the decision to be re-made, allowing the appeal.
4. In the circumstances, we set aside the decision of the FtT for error of law and re-make the decision, allowing the appeal under the Immigration (European Economic Area) Regulations 2016.
5. Pursuant to rule 40(3)(a) of the Tribunal Procedure (Upper Tribunal) Rules 2008, no reasons (or further reasons) are required, the decision being made with the consent of the parties.
Upper Tribunal Judge Kopieczek 21/8/19