IA247622013

This is an appeal by the Appellant, a citizen of Nigeria born on 28 May 1980, against the decision of the Respondent dated 12 June 2013 to refuse to him the issue of a residence card as confirmation of a right of residence under European Community law as the spouse of an EEA national exercising treaty rights in the United Kingdom. The application was refused because it was said that �your EEA family member has failed to provide evidence that they are a qualified person as set out in Regulation 6 of the Immigration (EEA) Regulations 2006�.

The Appellant�s appeal against that decision was determined at his request on the papers at Taylor House by First-tier Tribunal Judge Wellesley-Cole who in a determination promulgated on 13 November 2013 dismissed the appeal. The First-tier Judge was not satisfied that the Appellant or his sponsoring wife had:

�� made out that there is adequate evidence of current economic activity so as to meet the requirements of Regulation 6 of Immigration (EEA) Regulations 2006. Regulation 6 states that to be a qualified person means one has to be an EEA national in the UK as a job seeker, worker, self-employed person, self-sufficient one or a student. I conclude that he has failed to provide evidence as an EEA Sponsor his wife is exercising treaty rights and as a consequence the appeal therefore does not succeed for the above cited reasons�.

Those �cited reasons� included at paragraph 7 of the judge�s determination the following:

The Appellant successfully obtained permission to appeal that decision and in granting such permission on 14 January 2014 First-tier Tribunal Judge Andrew had this inter alia to say: