EA002832018

The Appellant appeals against the decision of First-tier Tribunal Judge Kainth promulgated on 21 September 2018 ("the Decision"). By the Decision the Judge dismissed the Appellant's appeal against the Respondent's decision dated 11 December 2017 refusing the Appellant a residence card as the mother of her British Citizen son ("the Sponsor") who it is said exercised Treaty rights in Germany as a worker and with whom the Appellant lived at that time before returning to the UK with him.

The Appellant is a national of Turkey as, originally, is her son. He is a naturalised British citizen. Following the refusal of the Appellant's applications to enter the UK under the Immigration Rules for either settlement or as a visitor, in March 2016, the Sponsor went to Germany to live with his nephew. He worked while there. The Appellant went to Germany for a visit in August 2016 and remained there with the Sponsor. She was granted a residence permit as his family member there on 5 January 2017, valid to 4 January 2022.

The Appellant and Sponsor returned to the UK on 14 May 2017 and the Appellant applied for a residence card here under regulation 9 of the Immigration (European Economic Area) Regulations 2016, which application was refused by the decision under appeal.

Permission to appeal was granted by First-tier Tribunal Judge Povey on 17 October 2018 in the following terms so far as relevant:

"... [3] The primary issue in the appeal centred around Regulation 9 of the EEA Regulations 2016. The Judge set out the text of the Regulation in its entirety and at [27] provided reasons for his finding that the sponsor's residence in Germany was not genuine. The Judge's reasoning applied and addressed the factors identified as relevant in Regulation 9(3). He reached conclusions which were open to him on the findings he made. No error of law was apparent.