OA045282014

The application for permission to appeal was made by the Secretary of State but nonetheless for the purposes of this decision I shall refer to the parties as they were described before the First Tier Tribunal, that is Mrs Amtal as the appellant and the Secretary of State as the respondent.

The appellant is a citizen of Pakistan born on 3 rd February 1981 and she appealed against the respondent�s decision dated 25 th March 2014 to refuse her application for a family permit to the United Kingdom under the Immigration (European Economic Area) Regulations 2006 as the spouse of a Greek national who was stated to be taking a holiday with her.

In a determination dated 20 th October 2014 Judge of the First Tier Tribunal C M Phillips allowed the appellant�s appeal.

Permission to appeal was granted by First Tier Tribunal Judge Chohan on the basis that the appellant�s uncle was not the spouse.

At the hearing, Ms Isherwood conceded that both the application for permission to appeal and the grant of permission were misconceived. The appellant was accepted by the Greek authorities to be the spouse and family member of an EEA national. The marriage certificate and family certificate showing that the appellant had been registered in Greece was produced at the hearing. She was a family member under Regulation 7 [17]. She does not need to be a family member of the sponsor or uncle in the United Kingdom.