IA029412014

Whilst this is an appeal by the Secretary of State for the Home Department for convenience I will refer to the parties in the determination as they appeared before the First-tier Tribunal.

The Reasons for Refusal letter states that the respondent was not satisfied that the appellant and the EEA national are in a durable relationship as they had not provided sufficient documentation to evidence that relationship and the respondent therefore concluded that the appellant had failed to demonstrate that he is an extended family member as defined in regulation 8 (5) of the EEA Regulations.

�35. To my mind the appellant and Ms Bertulyte have raised the possibility that they may be cohabiting in a common-law durable relationship. There is a reasonable age difference. They claim cohabitation began when she was only 17, having just arrived in the UK, which I find slightly improbable. But on the other hand, there were 3 witnesses prepared to come to Court and confirm the relationship, including Ms Bertulyte�s own brother. The discrepancies in connection with Christmas may be more of a reflection of the number of Christmases they have spent together.

On the evidence which I heard, weighing it all in the round, I find that there is a possibility that the couple are in a common-law durable relationship, but I am not satisfied to the civil standard that they are in such a relationship.�

The Judge concludes that the respondent only considered the documentation that had been submitted and has not interviewed the couple and that there had not therefore been an extensive examination of the personal circumstances of the appellant as required by regulation 17(5). He referred the case back to the Secretary of State and said that the appellant and his partner � now have an opportunity to more comprehensively document and explain their personal circumstances� [38].