IA222912013

This is an appeal by Mr Babatunde Taoheed Dosumu a citizen of Nigeria born 10 th July 1988. He appeals against the determination of First-tier Tribunal Judge Talbot issued on 1 st April 2014 dismissing in terms of the Immigration (European Economic Area) Regulations 2006 his appeal against the decision of the Respondent made on 15 th March 2013 to refuse his application made on 25 th September 2012 for an EEA residence card as the extended family member of an EEA national.

The Appellant sought to appeal against that decision on the basis that the Judge had erred in failing to deal with Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). On 16 th May 2014 a First-tier Tribunal Judge refused permission pointing out that the Appellant had not made an application under Article 8 ECHR. In any event no decision to remove had been made and the judge was not obliged to consider Article 8.

�Parties will be expected to direct the UT to any authorities upon the following questions:

A8 is now (largely) subsumed into the Immigration Rules. The ground that a decision is not in accordance with those Rules is not available on an appeal under the Regs (Reg 26 and Schedule 1 para 1 2002 Act, Section 84(1)(a) excepted). The Respondent invites the Appellant to apply under the Rules if he thinks he has an A8 claim - does this mean there is no real interference to consider? (Is it relevant that there may be a charge for an application?)

A judge should (presumably) approach all A8 cases through the Rules before embarking upon a �free ranging� A8 consideration so how might an Appellant present a case, in an appeal which cannot be allowed under the Rules?�