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The appellant is a national of Nigeria born on 26 August 2015. She appealed against the respondent's decision to refuse to issue her with a family permit under the Immigration (European Economic Area) Regulations 2006 ("the EEA Regulations") to join her adoptive Italian national father in the UK .
The appellant's application was made on the basis that the sponsor and his wife had formally adopted her as their child in Nigeria. In support of the application the sponsors produced a Nigerian adoption order dated 27 July 2016 issued by the Magistrate's Court of Anamabra State of Nigeria.
The appellant appealed against that decision. The Entry Clearance Manager reviewed the grounds of appeal but maintained the decision on the basis that the adoption had taken place after 3 January 2014 and that the relative legislative provisions applied. The decision did not breach the appellant's Article 8 rights.
The appellant's appeal was heard by First-tier Tribunal Judge Cooper on 14 February 2018. The sponsors appeared without a legal representative. The judge dismissed the appeal on the basis of the laws and regulations relied upon by the respondent.
In his Rule 24 response the Respondent did not oppose the grant of permission and invited the Tribunal to determine the appeal with a fresh continuance hearing to consider whether the appellant was affected by the reference to the CJEU.
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