IA103252013

The appellant appeals against the decision of First-tier Tribunal Judge White who in a determination of 18 June 2013 refused her appeal against the respondent�s decision dated 14 March 2013 to issue her with a Residence Card as a family member of an EEA national exercising Treaty rights.

In a Rule 24 letter dated 15 August 2013 the respondent indicated that the appeal was not opposed. It was accepted that the appellant had submitted additional documents for the appeal hearing but that First-tier Tribunal Judge White was not provided with them.

Although no criticism attaches to First-tier Tribunal Judge White, when he stated at [13] that the appellant had not provided further evidence in support of appeal, that was factually incorrect and materially so.

I therefore found that the decision of the First-tier Tribunal disclosed an error on a point of law such that it should be set aside and re-made. I proceeded to re-make the appeal.

The appellant did not attend, nor did her husband and she was not represented. In a letter faxed to the Tribunal on 28 October 2013 the appellant stated that she would not be attending as she was unwell and that she wanted the case to be heard in her absence. The appellant did not provide any evidence concerning any ill-health. There was also nothing to indicate why her husband, whose work status is at the heart of this appeal, was not able to attend.