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For the Respondent: Ms A Brocklesby-Weller, Senior Home Office Presenting Officer
The appellant's appeal against a decision to refuse to issue him with a residence card under the Immigration (European Economic Area) Regulations 2006 ("the 2006 Regulations") was dismissed by First-tier Tribunal Judge N M K Lawrence ("the judge") in a decision promulgated on 1 October 2015. Having assessed the evidence, the judge concluded that the appellant had not shown that he and his partner, an EEA national, were in a durable relationship, for the purpose of Regulation 8 of the 2006 Regulations.
Permission to appeal was sought on several grounds and granted on 12 April 2016, by an Upper Tribunal Judge.
In a Rule 24 response from the Secretary of State, made on 11 May 2016, the appeal was opposed. The response mainly concerned the first ground, which was not pursued by the appellant, as made clear in a letter to the Upper Tribunal from his solicitors, dated 27 May 2016.
The decision showed that the judge highlighted one or two errors from a total of some 117 questions put to the appellant and his partner in interview, and appeared to downplay the consistent answers, overwhelmingly the majority of those given. The stepdaughter's evidence supported the appellant's case but was simply not considered.
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