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The respondents (hereafter claimants) are husband and wife. The first claimant is a citizen of Algeria, the second a citizen of France and hence an EEA national. On 12 December 2014 the appellant (hereafter the Secretary of State for the Home Department or SSHD) refused to issue the first claimant with a residence card as confirmation of his right of residence as the spouse of an EEA national. On the same date she refused to issue the second claimant with a registration document to confirm she is an EEA national exercising Treaty rights.
Their appeal against this refusal came before First tier Tribunal Judge Majid who allowed it. The grounds of challenge were firstly that the judge had erred in failing to make findings on the qualified status of the second claimant and failed to resolve discrepancies in the evidence relating to whether the couple had entered into a marriage of convenience; the second ground was that the judge had failed to provide any adequate findings of fact decisive to the outcome of the appeal.
The judge did not err in law and his decision to allow the appeals of the claimants must stand.
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