IA239082014 & IA276082014

For ease of reference I shall refer to the parties as they were before the First-tier Tribunal. Thus, the Secretary of State is the Respondent and Mrs Adeniran and her daughter are the Appellants.

This is an appeal by the Respondent against the decision of First-tier Tribunal Judge Landes (the judge), promulgated on 27 May 2015, in which she allowed the Appellants' appeals on Article 8 grounds outside of the Immigration Rules.

The appeals brought before the First-tier Tribunal were in turn against the Respondent's decisions of 9 May 2014, in which the applications for a residence card based upon Regulation 15A of the Immigration (European Economic Area) Regulations 2006 (the Regulations) were refused. No removal directions had been set and no notice under section 120 of the Nationality, Immigration and Asylum Act 2002 served.

Prior to the appeals coming before the judge, the Appellants had had a previous appeal before the First-tier Tribunal in October 2014. There, First-tier Tribunal Judge Nixon had decided there was no right of appeal against the Respondent's decisions. That decision was challenged to the Upper Tribunal and on 28 January 2015 Upper Tribunal Judge Pinkerton concluded that Judge Nixon had erred in law. The appeals were therefore remitted back to the First-tier Tribunal.

I note that the arguments on behalf of the first Appellant at the hearing were not put on the basis of NA [2015] ECWA Civ 140 and the reference made to the Court of Justice therein (see paragraphs 18 and 62 of the decision).