IA081622014

The appellant in this matter is the Secretary of State. The respondent is Ms Mojisola Enigbokan who was the appellant in the proceedings before the First-tier Tribunal. The respondent is a citizen of Nigeria and her date of birth is 14 January 1981. She appealed a decision made by the Secretary of State dated 23 January 2014 refusing to issue a derivative residence card under the Immigration (EEA) Regulations 2006 pursuant to the Zambrano principle.

In a determination promulgated on 21 August 2014 the First -tier Tribunal (Judge Cohen) allowed the appeal under the EEA Regulations and in the alternative outside of the Rules under Article 8 ECHR.

Permission was granted by First-tier Tribunal Judge T R P Hollingworth on 1 October 2014. The permitting judge stated:

The respondent failed to appear at the hearing before me on 21 December 2015. I was satisfied that notice of the date and time of the hearing had been sent to the respondent at her home address in Essex and to her solicitors TW Solicitors. There was no communication either from the respondent or from her solicitors giving any explanation for failure to attend and there was no request for any adjournment made. Having regard to the overriding interest and pursuant to the Procedural Rules I decided to proceed to hear the appeal in the absence of the respondent and/or representative.

In support of her submissions Miss Sreeraman relied on Ayinde and Thinjom (Carers - Regulation 15A Zambrano ) [2015] UKUT 560 (IAC) and MA and SM ( Zambrano : EU children outside the EU) Iran [2013] UKUT 380 (IAC) .