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The Appellant born on 5 th June 1960 is a citizen of Zimbabwe. The Appellant who was present was represented by Mr Hussain. The Respondent was represented by Mr McVeety, a Presenting Officer.
The Appellant had applied for a residence card as a family member of an EEA national exercising treaty rights in the UK. That application had been refused by the Respondent on 7 th February 2014. The Appellant had appealed the Respondent�s decision and in the Grounds of Appeal had raised Article 8 of the ECHR additional to matters under the 2005 Regulations.
The appeal was heard by First-tier Tribunal Judge Lloyd-Smith sitting at Manchester on 8 th July 2014. She dismissed the appeal under the EEA Regulations but allowed the appeal under Article 8 of the ECHR.
Mr McVeety accepted that Article 8 of the ECHR was a live issue and the judge was entitled to deal with that matter. He made no further submissions in respect of Kugathas or other points raised within the Grounds of Appeal.
Having considered the decision of the First-tier Tribunal Judge I indicated to Mr Hussain I did not need to hear submissions from him and indicated that there was no error of law made but I would provide my decision with reasons. I now provide that decision.
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