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For the Respondent: Mr A Miah; Counsel, (instructed by Farani Javid Taylor Solicitors)
The Appellant (the Secretary of State) appealed with permission granted on 16 April 2015 by First-tier Tribunal Judge Colyer against the decision and reasons of First-tier Tribunal Judge Clayton allowing the Respondent�s appeal seeking the issue of a residence card under regulation 8 of the Immigration (European Economic Area) Regulations 2006 (as amended) (�the EEA Regulations�). The decision and reasons was promulgated on 23 January 2015.
The Respondent is a national of Pakistan, born on 7 August 1991. He claimed that he was in a durable relationship with an EEA national exercising free movement rights in the United Kingdom. The Respondent had no other basis of stay in the United Kingdom.
Permission to appeal was granted by Judge Colyer because he considered that the judge had erred when allowing the appeal outright, whereas under regulation 8(5) the Secretary of State had a discretion to exercise pursuant to regulation 17(4).
Mr Avery for the Appellant submitted that the judge had manifestly erred as the grant of permission to appeal indicated.
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