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The appellant is a citizen of Senegal, born on 2 nd February 1987. On 18 th December 2012 he applied for a residence card as the family member of a UK citizen under the Immigration (EEA) Regulations 2006, based on the " Surinder Singh " principle. On 6 th June 2013 the respondent refused his application for lack of evidence.
The appellant appealed to the First-tier Tribunal. Judge N Manuel dealt with the case without an oral hearing (none having been sought) and dismissed it by determination promulgated on 20 th December 2013.
The appellant appealed to the Upper Tribunal, seeking to argue that the judge should have considered and allowed the appeal under Article 8 of the ECHR.
Proceedings were delayed pending further authority, which has been forthcoming in Amirteymour and Others [2015] UKUT 466 (IAC) and then in TY [2015] EWCA Civ 1233 . These decisions are to the effect that an appellant cannot raise Article 8 ECHR matters within the scope of an appeal such as this.
In a note of argument dated 29 th January 2016 the respondent invites the Upper Tribunal to follow Amirtuymour and TY , to find that the appellant's written submissions based on the EU Charter do not lead to any other approach, and to dismiss the appeal.
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