IA189912014

Although this is an appeal by the Secretary of State I refer to the parties as they were before the First-tier Tribunal.

The Appellant, a national of Sri Lanka, appealed to the First-tier Tribunal against the decision of the Secretary of State dated 11 th April 2014 refusing to issue her a residence card as confirmation of her right to reside in the United Kingdom under the Immigration (EEA) Regulations 2006 (hereinafter the EEA Regulations). First-tier Tribunal Judge Moore allowed the appeal. The Secretary of State now appeals with permission to this Tribunal.

The background to this case is that the Appellant applied for a residence card as the mother-in-law of an Italian national exercising treaty rights in the UK. The Secretary of State refused the application having considered it under Regulation 8(2) of the EEA Regulations as an application for a residence card as an extended family member of an EEA national under Regulation 8(1). The Secretary of State noted

"While you have provided evidence of being an extended family to your EEA Sponsor through birth certificates and marriage certificates [sic]. You have not provided this department with any valid evidence that you are currently resided with your EEA national in the United Kingdom [sic]."

The Secretary of State accepted that the Appellant is related to the EEA national as claimed but refused to issue the residence card not being satisfied that the Appellant had shown that she was residing with the EEA national upon entry to the UK and that she is currently still residing with the EEA national.