IA180442012

For the Appellant: Mr Chellah, Counsel instructed by Forward & Yussuf Solicitors

The appellant appeals to the Upper Tribunal from the decision of the First-tier Tribunal dismissing her appeal against the decision by the Secretary of State to refuse to issue her with a residence card as confirmation of her right to reside in the United Kingdom as the spouse of an EEA national exercising treaty rights here. The First-tier Tribunal did not make an anonymity order, and I do not consider that such an order is required for these proceedings in the Upper Tribunal.

The appellant is a national of Somalia, whose date of birth is 21 st October 1970. She lives in the United Kingdom with her husband, a Norwegian national, and they have five dependent children whose dates of birth range from 1 July 1996 to 11 July 2007. Her husband is Abdullahi Omar Hassan. He was born on 3 December 1946 in Somalia, and he subsequently acquired Norwegian citizenship. He obtained a registration certificate in the UK on 18 May 2010. In January 2012, the appellant applied with her five dependent children for residence cards.

On 16 July 2012 the Secretary of State gave her reasons for refusing the applications. As evidence of her husband exercising treaty rights, the appellant had provided four pay slips from Sorag Carers and Special Needs for the period 26 September to 19 December 2010; and four pay slips from Towfiq Money Transfer and Telecom for the period 30 September 2011 to 30 December 2011.

According to the stamp in the application form, her EEA sponsor was employed by Towfiq Money Transfer and Telecom earning �389 per month. It was claimed that this employment had commenced on 1 September 2011. The department of the Home Office dealing with her application (�the department�) did not consider that a family of seven could subsist on a monthly income of �389 without recourse to the social assistance system of the United Kingdom.