EA002502017

The claimant is a citizen of Romania born on 23 rd March 1988. He says he has been lawfully working in the UK on a casual basis in the building trade from the start of 2016. The Secretary of State made a decision to remove him on 12 th December 2016 on the basis of s.10 of the Immigration and Asylum Act 1999 applied by virtue of Regulations 19(3) (a) and 19(3)(c) pursuant to Regulation 21B(2) and 24(2) of the Immigration EEA Regulations 2006. His appeal against the decision was allowed by First-tier Tribunal Judge Kainth in a determination promulgated on the 6 th March 2017.

Permission to appeal was granted by Judge of the First-tier Tribunal Keane on 31 st March 2017 on the basis that it was arguable that the First-tier judge had erred in law in firstly referring to deportation under s.5(1) of the Immigration Act 1971 when this was a removal decision; and secondly by irrationally finding that the claimant was a qualified person under Regulation 6 of the Immigration EEA Regulations 2006 in the context of evidence of work which was all from or prior to September 2016.

The matter came before me to determine whether the First-tier Tribunal had erred in law. The claimant did not attend but I was satisfied that he had been notified of the hearing and that it was fair and in the interests of justice to proceed with the hearing.

Secondly the decision is irrational as there was no evidence that the claimant was exercising Treaty rights at the date of determination of the appeal as the most recent evidence of work was payslips from September 2016, and the other evidence only showed that he had only sporadically worked throughout 2016.

The claimant did not attend hearing or put forward any written submissions on the issue of the argued for errors of law.