IA128312014

For the Respondent/Claimant: Ms Celia Record, Counsel instructed by Direct Access

This is the resumed hearing of the claimant's Article 8 appeal following an error of law hearing at Field House on 20 April 2015, and my error of law decision and reasons which were promulgated on 1 May 2015. I found that the First-tier Tribunal had erred in law in allowing the claimant's appeal against the decision to refuse to issue her with a residence card as an OFM, and I further found that her appeal under the 2006 Regulations should be dismissed. I directed a further hearing to determine the claimant's alternative claim under Article 8 ECHR.

The appellant was called as a witness. She lived with her brother and sister-in-law, Naimat. She worked for an agency but she could not recall the name of the agency. Naimat was at work now. She could not get off work in order to come and give evidence today. She worked at a care home.

She would work in the UK, if she had status. She would like to be a childminder or to work in a hospital with children. She had never worked before. She was asked why she delayed until 2012 before attempting to regularise her status. The appellant said she was always home alone, and she again became tearful.

The claimant's brother, Olalekn Fadeyi, was brought into court to give his evidence. He adopted as his evidence-in-chief his witness statement dated 8 May 2013. His mother and step-father divorced when Adetutu was in primary school. He used to send money to Adetutu, and Naimat did as well. They supported Adetutu because they wanted her to go to university. At the time he was working as a mortgage specialist, and so he and Naimat could afford to support Adetutu.