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The respondent, who was the appellant in earlier proceedings before the Tribunal is a citizen of Nigeria and is the spouse of the sponsor Paulina Bladycz a citizen of Poland.
On 10 th December 2013 the appellant, the Secretary of State, refused to issue a residence card as confirmation of a right of residence under European Community Law as the spouse of an EEA national exercising treaty rights in the United Kingdom. The respondent appealed that decision and his appeal was heard by FTTJ Mr A J Parker and in a determination promulgated on 19 th August 2014 the respondent succeeded in his appeal.
The determination allows the appeal against the Secretary of State�s decision to refuse residence card as a confirmation of a right to reside in the United Kingdom as the spouse of an EEA national exercising treaty rights.
It is considered that the Immigration Judge has erred in the consideration of the case in the following ways:
At [15] the Judge finds that the sponsor is on a zero hours contract and considers that this is sufficient to establish her as a �worker� for the purposes of the EEA regulations.
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