IA200642013

By a decision dated 20 th May 2013 made on behalf of the Secretary of State for the Home Department (the �Secretary of State� ), the Appellant herein, the Respondent�s application for a residence card under the Immigration (EEA) Regulations 2006 was refused. His application under paragraph 276 ADE/Article 8 ECHR was simultaneously refused. The ensuing appeal to the First-tier Tribunal (the � FtT �) succeeded. In [9] and [10] of the determination, the Judge stated:

�[The Secretary of State�s representative] accepted that the Appellant meets the requirements of Appendix FM of the Immigration Rules and that the decision made breaches Article 8 of the Human Rights Convention. Upon that concession being made, [Appellant�s Counsel] indicated that he did not intend to pursue the appeal under the EEA Regulations �..

I allow the human rights appeal under Article 8 of the Human Rights Convention. �

��.. has indicated that the financial requirements of FM are not satisfied. The Judge has made no findings on this material aspect of Appendix FM and has, therefore, erred in law by stating that the Appellant has satisfied the Rules. �

I have noted the terms in which permission to appeal was granted. I consider that the grant of permission to appeal was inappropriate, since the grounds of appeal did not challenge, even obliquely, the concession unequivocally recorded by the Judge in [9]. The grounds demonstrably lacked merit and the application for permission should have been refused.