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The Secretary of State appeals to the Upper Tribunal from the decision of the First-tier Tribunal allowing the claimant�s appeal against the decision by the Secretary of State to refuse to issue her with a derivative residence card pursuant to Regulation 15A of the Immigration (European Economic Area) Regulations 2006. The First-tier Tribunal did not make an anonymity direction, and I do not consider that the claimant should be accorded anonymity for these proceedings in the Upper Tribunal.
The claimant is a national of Sierra Leone. On 3 March 2014 the Secretary of State gave her reasons for refusing the claimant�s application for a derivative residence card. In order for her to qualify for a right to reside on Zambrano grounds she had to demonstrate that:
(c) the relevant British citizen would be unable to reside in the UK or in another EEA state if she was required to leave.
To be regarded as the primary carer, Regulation 15A(7) stated that a person P was to be regarded as a primary carer of another person if:
(ii) shares equally the responsibility for that person�s care with one other person who is not an exempt person.
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