IA200882015

The Appellant is a citizen of Nigeria (born 12 th September 1972). He appealed against the decision of the Respondent dated 18 th May 2015 refusing to grant him permanent residence in the United Kingdom under Regulation 15 of the EEA Regulations 2006, as the ex-spouse of Ms Analucia Lopes, a Portuguese citizen. It is claimed that she was exercising treaty rights for at least five years up to the point that she and the Appellant divorced on 14 th September 2014.

The appeal was heard by Judge of the First-tier Tribunal Bradshaw on 27 th September 2016 and in a decision promulgated on 29 th October 2016, the appeal was dismissed.

An application for permission to appeal was lodged and permission was granted by FtTJ Hollingworth on 17 th March 2017. The permission states that it is arguable that the judge has not set out a full enough analysis for why she did not accept that the evidence submitted by the Appellant was sufficient to show that Ms Lopes had been in continuous employment for the requisite five year period up to the date of divorce. This was with particular reference to the set of P60s which had been submitted.

A Rule 24 response was served by the Respondent which in terms, submitted that the judge had directed herself appropriately and given explanations, and thus reasons why she had disagreed with the Appellant's case.

It is convenient at this point to set out the background to this appeal. The Appellant entered the UK on an unknown date. On 18 th December 2009 he married Analucia Lopes, a Portuguese citizen present in the UK. On 16 th November 2010 he was issued with a residence card as a family member of an EEA national exercising treaty rights.