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Although this is an appeal by the Secretary of State I refer to the parties as they were in the First-tier Tribunal.
The Appellant, a citizen of Brazil, appealed to the First-tier Tribunal against the decision of the Secretary of State dated 17 th April 2015 to refuse her application for a residence card as an extended family member of an European Economic Area national.
First-tier Tribunal Judge Hindson allowed the appeal finding that the Appellant had established that she is in a durable relationship with her partner as claimed within the provision of Regulation 8(5) of the Immigration (EEA) Regulations 2006.
The judge went on to state at paragraph 14: "I am satisfied that theirs is a durable relationship in all the circumstances and that the appeal be allowed." The judge allowed the appeal under the EEA Regulations.
The Secretary of State applied for and was granted permission to appeal to the Upper Tribunal on the basis that the First-tier Tribunal Judge erred in allowing the appeal outright given the provision of Regulation 17(4) of the EEA Regulations which gives the Secretary of State discretion as to whether to issue a residence card to an extended family member.
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