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This is an appeal by the Secretary of State. For ease of reference, we have referred below to the Secretary of State as respondent and Ms Marchane as appellant even though it is the Secretary of State's appeal.
The appellant is a citizen of Morocco. She appealed under regulation 26 of the Immigration (European Economic Area) Regulations 2006 ("the EEA regulations") against the respondent's decision dated 9 June 2014 refusing to issue her a residence card as the family member of her EEA sponsor, Mr Amro Hassan ("the sponsor").
Her appeal was allowed by First-Tier Tribunal Judges Reid and Scott-Baker in a Decision promulgated on 30 March 2015. The respondent sought permission to appeal on 2 grounds - that the assessment of credibility was perverse and/or failed to take material matters into account (ground 1) and that the Tribunal failed to make a finding in relation to whether the sponsor was a qualified person and had instead remitted the matter to the respondent to reconsider which it was not open to the Tribunal to do (ground 2).
Permission to appeal was granted by First-Tier Tribunal Judge Ransley on 28 May 2015 on both grounds.
The matter comes before the Upper Tribunal to determine whether the First-tier Tribunal decision involved the making of an error of law so that it should be set aside.
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