IA016212014

The Appellant is a citizen of Ghana born on 25 th January 1975. She is the mother of three children the eldest two of whom are German citizens and therefore EEA nationals. Their youngest sibling is a Ghanaian national. On 25 th September 2012 the Appellant�s legal representatives applied on her behalf for a residence card as a confirmation of a right to reside in the United Kingdom on the basis that she is a parent/carer of an EEA national child who claims to be exercising Treaty Rights as a self-sufficient person as defined in the EEA Regulations 2006.

On 16 th December 2013 the Secretary of State issued a reasons for refusal letter on the basis that the Secretary of State did not consider that the Appellant satisfied the derivative right of residence and it was decided to refuse to issue a derivative residence card with reference to Regulation 15A(2) of the Immigration (European Economic Area) Regulations 2006.

The Appellant appealed and the appeal came before First-tier Tribunal Judge Herwald sitting at Manchester on 2 nd May 2014. In a determination promulgated on 28 th August 2014 the Appellant�s appeal was dismissed under the EEA Regulations but was allowed pursuant to Article 8 of the European Convention of Human Rights.

On 2 nd September 2014 the Secretary of State lodged Grounds of Appeal to the Upper Tribunal. On 18 th November 2014 First-tier Tribunal Judge Kamara granted permission to appeal to the Secretary of State stating:

�In an otherwise well reasoned determination the judge arguably erred in law in appearing to accept the claim that the Appellant�s children could not be cared for by anyone else, were the Appellant to leave the United Kingdom, notwithstanding his earlier, comprehensive, negative credibility findings.�