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For the Respondent: Miss N Nnamani, Counsel, instructed by Samuel Louis Solicitors
In this decision the Appellant is the Secretary of State and the Respondent is the Claimant. The Claimant, a national of Nigeria, born on 12 June 1975, applied for a residence card under the provisions contained within the Immigration (European Economic Area) Regulations 2006 on the basis of being an extended family member.
It is fairly said that the Secretary of State could have looked at it on that basis and had sufficient time to do so.
First-tier Tribunal Judge J J Maxwell (the judge) in a decision promulgated in or about 13 January 2015, he concluded that the appeal did not succeed on the basis of a recognised marriage but went on to conclude that on the facts there was a durable relationship between the Claimant and her partner in the UK.
Permission to appeal that decision was given by First-tier Tribunal Judge Cruthers on 18 February 2015.
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