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

IAC-FH-AR-V1

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/02524/2015

 

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 9 th December 2015	On 7 th January 2016

 

Before

 

THE HONOURABLE LORD BOYD

UPPER TRIBUNAL JUDGE FRANCES

 

 

Between

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Appellant

and

 

PRAVEEN KUMAR RAMACHANDRASWAMY

(anonymity direction NOT MADE )

Respondent

 

 

Representation :

For the Appellant: Mr S Walker, Home Office Presenting Officer

For the Respondent: Miss M Hannan, Corban Solicitors

 

 

DECISION AND REASONS

1. This is the Secretary of State's appeal but we shall refer to the parties as in the First-tier Tribunal. The Appellant's appeal against the refusal of a residence card was allowed by First-tier Tribunal Judge Colyer on the basis that the Appellant was entitled to a permanent residence card under Regulation 15 of the EEA Regulations.

2. It was agreed by the parties that the judge had erred in law because the Appellant had not been residing in the United Kingdom for a continuous period of five years.

3. We therefore set aside paragraph 37 of the decision. There was no error in relation to the judge's findings under Regulations 6 and 7 and those were not challenged by the Respondent in this appeal.

4. We accordingly remake the decision. The Appellant has a right of residence under Regulation 14(2) of the EEA Regulations 2006 and therefore the appeal is allowed under the EEA Regulations 2006.

Notice of Decision

The Secretary of State's appeal is allowed.

The Appellant's appeal is allowed under the EEA Regulations 2006.

No anonymity direction is made.

 

 

Signed Date

 

Upper Tribunal Judge Frances