OA051542013

For the Appellant: Mr N Ahmed (Counsel, instructed by Bhavsar Patel, Solicitors)

The Appellant applied to enter the UK as the spouse of an EEA national exercising treaty rights. The application was made on the 9 th of January 2013. The ECO refused the application in a Refusal Notice of the 22 nd of January 2013 which gave the reasons for the decision. The Appellant appealed the decision by Notice and Grounds of Appeal of the 7 th of February 2013.

The appeal was heard by First-tier Tribunal Judge T R P Hollingworth at Nottingham Magistrates� Court on the 27 th of November 2013. The appeal was dismissed in a determination promulgated on the 14 th of December 2013. In the determination the Judge rejected much of the credibility of the evidence and found that it had not been shown that the Sponsor was exercising treaty rights.

The Appellant sought permission to appeal to the Upper Tribunal in grounds of the 7 th of January 2014. The grounds assert that the Judge erred in making credibility findings in respect of the genuineness of the relationship when this was not an issue and that this infected the findings made by the Judge in respect of the issue of whether the Sponsor was exercising treaty rights in the UK. It was stated that the Judge was wrong to have applied Tanveer Ahmed to the documentation that was relied on.

The determination of Judge Hollingsworth set out the background and the Sponsor's evidence. The Judge�s findings begin at paragraph 15. In relation to what the Appellant complains are extraneous issues relating to his immigration history and the nature of the relationship, these findings are set out in paragraphs 18 to 28. The Judge referred to the Appellant's history of applications and his appeal in June 2007.