IA004392014

I have considered whether any parties require the protection of an anonymity direction. No anonymity direction was made previously in respect of this Appellant. Having considered all the circumstances and evidence I do not consider it necessary to make an anonymity direction.

The Secretary of State for the Home Department brings this appeal but in order to avoid confusion the parties are referred to as they were in the First-tier Tribunal. This is an appeal by the Secretary of State against a decision of First-tier Tribunal Judge Wellesley -Cole promulgated on 22 September 2014 which allowed the Appellant�s appeal under the Immigration (European Economic Area) Regulations 2006 (�the 2006 Regulations.�)

The Appellant was born on 6 March 1981 and is a citizen of Pakistan. On 26 July 2013 he applied for an EEA Residence Card as a confirmation of his right to reside in the United Kingdom as the unmarried partner or extended family member of an EEA national.

On 2 December 2013 the Secretary of State refused the Appellant�s application. The refusal letter gave a number of reasons: it was not accepted that the Appellant was in a durable relationship with her EEA sponsor and therefore Regulation 8(5) was not met; there was insufficient evidence that the EEA sponsor was a qualified person and therefore the requirements of Regulation 6 were not met.

The Appellant appealed to the First-tier Tribunal First-tier Tribunal Judge Wellesley-Cole (�the Judge�) found that the Appellant and his partner were in a durable relationship and that the sponsor was a qualified person and allowed the appeal.