IA175182014

The appellant, Ilona Vasiljeva-Aftab, date of birth 29.7.94, is a citizen of Latvia.

This is her appeal against the decision of First-tier Tribunal Judge Anthony promulgated 13.2.15, dismissing her appeal against the decision of the Secretary of State to refuse her application made on 22.8.13 for an EEA Registration Certificate, pursuant to the Immigration (EEA) Regulations 2006. The Judge heard the appeal on 30.1.15.

Judge Anthony also heard the linked appeal of Muhammad Asad Aftab, who had applied for an EEA Residence Card on the basis of being the family member (spouse) of Ms Vasiljeva-Aftab an EEA national exercising Treaty rights in the UK. The judge reached the conclusion that their marriage was not genuine but was one of convenience entered into for the sole purpose of enabling Mr Aftab to remain in the UK and thus not outside the definition of spouse in regulation 2. The protection of the Regulations does not extend to a marriage of convenience.

First-tier Tribunal Judge Fisher granted permission to appeal on 15.4.15 in respect of this appellant only. In respect of Mr Aftab, Judge Fisher considered that it was open to the judge on the evidence, including the marriage interview summary, to conclude that the marriage was one of convenience, and thus did not grant permission. Mr Aftab has not renewed his application for permission to appeal and thus I cannot consider his case.

However, in simply dismissing the appeal Judge Anthony failed to distinguish between this appellant and Mr Aftab. Whilst Mr Aftab may not be entitled to an EEA Residence Certificate, at �13 of the decision the First-tier Tribunal Judge was satisfied that Ms Vasiljeva-Aftab was exercising Treaty rights in the UK and is a qualified person pursuant to regulation 6. She was, therefore, entitled to the EEA Registration Certificate sought.