IA017262014

This is an appeal by the Secretary of State against the determination of First-tier Tribunal Judge Oliver in which he allowed the appeal of Ms Ameyaa, a citizen of Ghana, against the Secretary of State�s decision to refuse to issue a residence card as confirmation of a right to reside in the United Kingdom as the family member of an EEA national. I shall refer to Ms Ameyaa as the Applicant, although she was the Appellant in the proceedings below.

The Secretary of State�s application for permission to appeal against the First-tier Tribunal Judge�s decision was granted on 9 July 2014 by First-tier Tribunal Judge T R P Hollingworth.

At the hearing before me Mr Whitwell appeared for the Secretary of State and Mr Wells represented the Applicant. Mr Wells submitted a mother and baby discharge summary from the Luton & Dunstable delivery suite confirming the birth of the Applicant�s daughter on 22 August 2014 and also an email from the French Consulate confirming that the Applicant�s marriage could not be recognised by French law until registered in the French civil register.

Mr Whitwell on behalf of the Secretary of State agreed that in the circumstances this was the appropriate course particularly due to the fact that the grant of a registration certificate under regulation 16(5) is discretionary and the question of the Applicant�s potentially adverse immigration history had been raised.

Due to the nature of the error of law and in particular the need to hear detailed oral evidence from the Applicant it is appropriate for this matter to be remitted to the First-tier Tribunal for rehearing.