IA125292015

I shall refer to the appellant as the secretary of state and to the respondent as the claimant.

The claimant is a citizen of Nigeria, born on 7 August 1976. She applied on 22 October 2014 for a residence card under the provisions of the Immigration (European Economic Area) Regulations 2006 ("the 2006 Regulations") on the basis that she was the primary carer of an EEA national child exercising free movement rights in the UK as a self sufficient person.

In a decision promulgated on 9 June 2015, the First-tier Tribunal Judge allowed the claimant's claim under the 2006 Regulations. The Judge found that the child was an Irish citizen and is accordingly an EEA national living in the UK. He is self sufficient as his mother has access to sufficient resources not to become a burden on social assistance in the UK during the period of residence, and has comprehensive sickness insurance cover in the UK [13].

In granting permission, First-tier Tribunal Judge Molloy noted the grounds alleging an error of law. There has been a failure to make findings on material matters such as "sufficient resources", and in particular by failing to compare claimed income by the claimant against income support rates, housing costs and council tax payments.

Judge Molloy found it difficult to see where 'the physical evidence is' of the funds recorded by the First-tier Tribunal Judge in paragraph 10(iii) of the decision. The First-tier Judge at [10(vii] expressed satisfaction that the claimant had access to the income that she avers she enjoys. She claimed to have the equivalent of £45,000 in a fixed deposit with Meetneeds Investment Services Ltd, 'but there was not in the claimant's bundle any document from that organisation supporting the claim'.