IA130112014

The appellant is a national of Ghana, born on 11 September 1969. His appeal before the First-tier Tribunal against the decision of the respondent dated 26 January 2014 refusing to issue him a residence card pursuant to the 2006 Immigration (EEA) Regulations � 'the 2006 Regulations' - was dismissed by First-tier Tribunal Judge Hutchinson in a determination promulgated on 1 July 2014. The Judge found that he had not shown that his marriage was validly contracted according to French law.

However, the First-tier Tribunal Judge did not consider the alternative claim, namely, that he was in a durable relationship with his EEA National sponsor pursuant to Regulation 8 of the Immigration (EEA) Regulations 2006.

On 20 August 2014 Judge Gillespie granted the appellant's application for permission to appeal on the basis that the First-tier Tribunal had not addressed his appeal pursuant to Regulation 8.

The respondent's Rule 24 response noted that there was no opposition to the application for permission to appeal. The Tribunal was �......invited to determine the appeal with a fresh oral (continuance) hearing to consider whether the appellant is in a durable relationship.�

The matter was accordingly set down for a hearing on 2 October 2014. On that date, there was no attendance by the appellant or a representative. However, I was not satisfied that the directions which were supposed to accompany the notice of hearing had in fact been given; they were not attached to the notice of hearing in the Tribunal bundle. I considered that it would be appropriate and just to afford the appellant an opportunity to present his appeal.