IA187092014

This appeal is not subject to an anonymity order by the First-tier Tribunal pursuant to rule 13 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Neither party has invited me to make an anonymity order pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698) and I have not done so.

The appellant appeals against the decision of the First-tier Tribunal (Judge Khawar) dismissing the appellant's appeal against a decision taken on 7 April 2014 to refuse to issue a residence card under the Immigration (EEA) Regulations 2006 ("the Regulations") as confirmation of a right of residence in the UK.

The appellant is a citizen of Afghanistan born on 1 July 1987. She is married to Mr Harmon Singh Chopra who is a citizen of Holland born on 1 January 1972 ("the EEA sponsor").

The Secretary of State accepted the respondent's identity and nationality but concluded in a decision dated 7 April 2014 that there was insufficient evidence that the relationship with the EEA sponsor was authentic or that the EEA sponsor was exercising treaty rights in the UK.

The appellant appealed to the First-tier Tribunal and attended an oral hearing at Hatton Cross on 27 November 2014. She was represented by Mr Hodson. The First-tier Tribunal found that there was not a shred of evidence to suggest that the marriage was one of convenience. However, judge also found that the oral evidence in relation to the employment of the EEA sponsor was highly unsatisfactory and did not explain significant issues relating to the sponsor's employment and documents submitted. The appeal was therefore dismissed.