EA005942017

This is a re-made decision following the setting aside of the decision of Judge of the First-tier Tribunal H Suffield-Thompson, promulgated on 19 March 2018, who allowed the appeal of Mr Sukhpal [S] (appellant) against the respondent's decision dated 23 October 2015 refusing to issue him a residence card as confirmation of his right to reside in the UK under the provisions of the EU Treaties.

In a decision promulgated on 25 September 2018 I explained why the making of the judge's decision involved the making of a material error on a point of law. I adjourned the hearing and gave permission to both parties to adduce further evidence having indicated to the parties that if the appellant's estranged wife has been a qualified person (or indeed an EU national with a permanent residence) for a continuous period of 5 years since their marriage, even if they separated within that time, then the appellant may have attained a right of permanent residence.

At the start of the hearing to remake the decision Mr Walker served on Ms Iengar and the Tribunal a copy of a decision dated 4 November 2015 in which the respondent revoked the appellant's residence card because his spouse was not exercising Treaty rights as a qualified person. Ms Iengar indicated that the focus of her submissions would now centre on the appellant's relationship with his current partner.

In his Reasons For Refusal Letter the respondent was not satisfied that the appellant had established a derived right of residence, as set out in Reg 15A of the Immigration (European Economic Area) Regulations 2006 (the 2006 Regulations).

The respondent then set out the provisions of Reg 7, which establish the requirements for someone to be treated as a family member of an EEA national. The respondent stated,