IA183822014

This is an appeal by the respondent in the First-tier Tribunal (FtT). I will continue to refer to her as the respondent even though she is the appellant in this Tribunal.

The hearing is to consider whether there was a material error of law in the decision of First-tier Tribunal Judge Flynn (the Immigration Judge) who in a determination promulgated on 19 May 2015 allowed the appellant's appeal to remain under the Immigration Rules.

The respondent considered her application under Regulation 18A of the Immigration (European Economic Area) Regulations 2006 ("EEA Regulations") but decided that in order to issue her with a derivative residence card she had to establish that she was the primary carer of a British citizen and that the citizen in question was residing in the UK.

The appellant had no alternative basis for staying in the UK. Accordingly, if she did not return to South Africa voluntarily, she was notified that her removal would be enforced. She was advised, however, of her right to appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the EEA Regulations.

The appellant appealed the decision to refuse a derivative residence card by notice of appeal lodged on 16 April 2014. She claimed in that document that the decision was not in accordance with the Immigration Rules and that the decision breached her rights as an EEA national and was not in accordance with the UK's obligations to her under the ECHR and specifically Article 8 thereof.