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For the Respondents: Mr S Unigwe, Counsel instructed on behalf of S L A Solicitors
The Secretary of State appeals with permission against the decision of the First-tier Tribunal (Judge Metzer) who, in a determination promulgated on 19 th November 2014 allowed the appeals against the Respondent�s decision to refuse to grant them entry clearance as the daughter and grandson of an EEA national exercising treaty rights and therefore qualifying as family members of an EEA national under Regulation 7 of the EEA Regulations 2006.
Whilst this is an appeal brought by the Secretary of State, I intend to refer to the parties as they were before the First-tier Tribunal.
The judge had the opportunity of considering and hearing the evidence of the Sponsor which he recorded at paragraphs [3] and [6]. It is plain from reading the determination that the Secretary of State was not represented during that hearing and no Presenting Officer was present to conduct the appeal.
The Secretary of State sought permission to appeal and permission was granted on 9 th January 2015 by Judge Landes.
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