IA187642013 (Rev 1)

In a determination sent on 28 November 2013 First-tier Tribunal Judge Keane heard an appeal brought by the respondent (hereafter the claimant) against a decision by the appellant (hereafter the Secretary of State for the Home Department (SSHD)) dated 4 June 2013 refusing to grant her a derivative residence card as a �Zambrano sole carer� under the Immigration (European Economic Area) Regulations 2006 as amended. Judge Keane:

(i) found that the claimant was entirely credible and that she was the sole primary carer of her son D B who is a British citizen and that he would be unable to reside in the UK if she were required to leave;

(ii) held that she did not nevertheless qualify for a derived right of residence under reg 15A of the 2006 Regulations and so dismissed her appeal on that ground;

The respondent challenged the Article 8 decision and was successful in obtaining permission to appeal but in the grant of permission Judge Deans identified as a separate �obvious� point that the claimant arguably should have succeeded in her appeal under the 2006 Regulations.

I should mention at this stage that since the refusal decision of the SSHD the claimant has pursued applications for judicial review in relation to homelessness problems and also in relation to an outstanding FLR(O) application. None of these resulted in a grant of permission, but I did undertake at the oral renewal application on 8 January (which was concerned with the FLR(O) application) to expedite hearing of her statutory EEA appeal so that it could be heard today.