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The Appellant is a national of Angola date of birth 15 th June 1975. She appeals with permission [1] the decision of the First-tier Tribunal (Judge Simpson) [2] to dismiss her appeal against a refusal to issue her with a residence card in accordance with the Immigration (EEA) Regulations 2006.
The Appellant�s case was that she is in a durable relationship with a Mr Paolo Lourenco de Sousa, a Portuguese national exercising treaty rights. The Respondent had refused the application on the grounds that there was insufficient evidence to show that Mr de Sousa was a �qualified person� under the Regulations, or that the two were in fact in a durable relationship.
I note that very little turns on my decision. At today�s date the Appellant, if indeed she is still in a relationship with Mr de Sousa, will have been living with him since October 2012, this being the unchallenged finding of Judge Simpson. All that she need do is supply the Respondent with evidence covering the period August 2014 to date and the Respondent will no doubt exercise her discretion under Regulation 17(4)(b) and consider whether to issue a residence permit.
I was not asked to make a direction as to anonymity and I see no reason to make one.
The decision of the First-tier Tribunal does not contain an error of law and it is upheld.
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