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In a decision promulgated on 16 March 2015 the Judge allowed the appeal finding at [20] that there is consistency throughout the evidence that the Claimant was supported by her aunt in Sri Lanka because she was a teacher there and then went to Germany in 1994. She found both witnesses to be credible and consistent [23].
Permission to appeal was granted by Judge of the First-tier Tribunal McDade on 5 May 2015 on the basis that the grounds are arguable and there is an arguable error of law. A rule 24 response was filed by the Claimant's representatives on 2 June 2015.
For the reasons set out above, I find no material error of law in the decision of the panel and I dismiss the appeal by the Secretary of State for the Home Department. It is now a matter for the Secretary of State to consider exercising her discretion under regulation 17(4) to grant the Claimant a residence card in light of the finding by the panel that she is the extended family member of her aunt, in accordance with regulation 8 of the Immigration (EEA) Regulations 2006.
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