LO (Partner of EEA national) Nigeria  UKAIT 00034
Date of hearing:
Date Determination notified: 13/08/2009
|Secretary of State for the Home Department||RESPONDENT|
There is an in-country right of appeal against a decision to refuse a person a residence card as a partner of an EEA national within reg 8(5) of the EEA Regulations.
""EEA Decision" means a decision under these regulations that concerns a person's -
(a) entitlement to be admitted to the United Kingdom;
(b) entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, documents certifying permanent residence or permanent residence card; or
(c) removal from the United Kingdom".
So the decision in this case is an EEA decision. Regulation 26 is headed "Appeal Rights". The relevant parts are as follows:
"26(1) Subject to the following paragraphs of this regulation, a person may appeal under these regulations against an EEA decision.
(2) If a person claims to be an EEA national, he may not appeal under these regulations unless he produces a valid national identity card or passport issued by an EEA state.
(3) If a person claims to be the family member or relative of an EEA national he may not appeal under these regulations unless he produces -
(a) an EEA family permit; or
(b) other proof that he is related as claimed to an EEA national.
(6) Except where an appeal lies to the Commission, an appeal under these regulations lies to the Asylum and Immigration Tribunal."
Regulation 27 prevents a right of appeal being exercised from within the United Kingdom in certain circumstances, but that provision does not apply in the present case.
8. There are a number of other provisions to which I must make reference. First, the appellant's application was on the basis that he has a durable relationship with a named EEA national. That was a claim to be what the 2006 Regulations call an "extended family member". "Extended family member" is defined in reg 8:
"8(1) In these regulations "extended family member" means a person who is not a family member of an EEA national under Regulation 7(1)(a), (b), or (c) and who satisfies the conditions in paragraph (2), (3), (4) or (5).
(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national."
C M G OCKELTON
Date: 12 August 2009