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


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> EA063692016 [2019] UKAITUR EA063692016 (15 January 2019)
URL: http://www.bailii.org/uk/cases/UKAITUR/2019/EA063692016.html
Cite as: [2019] UKAITUR EA063692016, [2019] UKAITUR EA63692016

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Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/06369/2016

 

THE IMMIGRATION ACTS

 

Determined at Field House

Decisions & Reason Promulgated

On 7 th January 2019

On 15 th January 2019

 

 

Before

 

UPPER TRIBUNAL JUDGE COKER

 

Between

 

OLUSANJO AKINFENWA AWODE

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

DETERMINATION BY CONSENT

Pursuant to Rule 39 of the Tribunal Procedure (Upper Tribunal) Rules 2008 and by the consent of the parties the following order is made:

Upon the determination by First-Tier Tribunal Judge J Traynor promulgated on 11 th April 2018 disclosing a material error of law and being set aside on 5 th November 2018 by consent.

And upon the Secretary of State being satisfied that the appellant acquired a permanent right of residence under Regulation 15(1)(f) of the Immigration (European Economic Area) Regulations 2006 on 30 th August 2014: Ms Boutchich was demonstrably exercising Treaty rights throughout the 4 years 11 months of the marriage including at the date of initiation of divorce proceedings and Mr Awode met the requirements of regulation 10(3)/(6) by way of his own employment until completion of 5 years

The appeal by Mr Awode against the refusal of his permanent residence card is allowed.

The appeal in the Upper Tribunal is allowed. The decision of the First-tier Tribunal is set aside for legal error. The appeal against the decision giving rise to the appeal in the First-tier Tribunal is allowed.

Signed Date 7 th January 2019

Upper Tribunal Judge Coker


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URL: http://www.bailii.org/uk/cases/UKAITUR/2019/EA063692016.html