EA006202016

For the Respondent/Claimant: Mr T. Ogunnubi, Legal Representative, TM Legal Services

The Secretary of State has been granted permission to appeal to the Upper Tribunal from the decision of First-tier Tribunal Judge Majid promulgated on 9 March 2017 following a hearing at Taylor House on 11 January 2017. The First-tier Tribunal did not make an anonymity direction, and I do not consider that the claimant requires anonymity for these proceedings in the Upper Tribunal.

The claimant is a national of Cote D'Ivoire whose date of birth is 7 January 1994. On 31 July 2015 she applied for a permanent residence card as the dependent family member of an EEA national who had exercised treaty rights in the UK for a continuous period of five years.

On 3 January 2016 the Secretary of State ("SSHD") refused to issue her with a permanent residence card as she had not provided sufficient documentary evidence to show that her sponsor had been continuously self-employed for five years, including working as a registered childminder since 26 January 2011, or that she was currently economically active. So the SSHD declined to give her the confirmation she sought with reference to Regulation 15 (1)(b) or Regulation 14.

Judge Majid allowed the claimant's appeal, concluding at paragraph [27] that the Claimant came , "within the relevant Immigration Rules as amended and should have the benefit of discretion" . His reasons for finding for the Claimant included the following reasons given in paragraphs [12] and [13}: