IA017272015

The Secretary of State for the Home Department sought and on 15 March 2016, obtained permission to appeal against a decision of First tier Tribunal Judge Moller promulgated on 9 October 2015, allowing the appeal by Ms Boonsri against a decision refusing to issue her with a permanent residence card.

For the purposes of this appeal I propose to refer to Ms Boonsri as the Claimant as the Secretary of State is currently the Appellant.

The application for a permanent residence card was made on 7 October 2014 and in a decision dated 31 December 2014, the SSHD refused the application. The basis of the refusal was due to the omission of evidence as to whether the EEA Sponsor was employed, self-employed, job seeker, self-sufficient or a student for a continuous period of 5 years.

At the hearing before the First tier Tribunal Judge there was no appearance by or on behalf of the Claimant but a substantial bundle of evidence had been submitted and the Judge decided to proceed to decide the appeal on consideration of the papers.

In a decision promulgated on 9 October 2015, she allowed the appeal on the basis that the she found that the Claimant had produced a credible history of events, with explanations for any gaps in evidence [36] and that her Sponsor was employed, self-employed, a job seeker, self-sufficient (or a student) for a continuous period of 5 years before making her application for a residence card as confirmation of her right to reside in the UK [37].