IA246182013

This appeal comes before me following the grant of permission to the respondent by First-tier Tribunal Judge Grimmett in respect of the determination of First-tier Tribunal Judge Woolf who allowed the appeal by way of a determination dated 13 December 2013. Although the Secretary of State is the party challenging the determination, I have, for the sake of convenience, continued to refer to her as the respondent and to the applicant as the appellant.

The appellant is a citizen of Algeria born on 5 April 1985. He appeals the respondent�s decision to refuse to issue him with a residence card under Regulation 15 of the Immigration (EEA) Regulations 2006. His spouse is a dual Irish/British national. She has always lived in the UK and it was conceded that she had never exercised her right to freedom of movement, holding Irish nationality merely due to her parentage.

The application was refused because the respondent was not satisfied that the sponsor had exercised her treaty rights.

The judge heard oral evidence and concluded that the sponsor fell to be treated as a worker or self employed person who had ceased activity under Regulation 15(1)(c) and that the appellant qualified for a residence card in accordance with Regulation 15 (1)(d).

Permission was granted on the basis that the judge had arguably failed to have full regard to the definition of a worker who had ceased activity as per Regulation 5 (2)(a) and, additionally, that she had not considered the amendment to the Regulations which excluded EEA nationals who are also British citizens. The latter point was one taken by the judge granting permission.