IA228852013

The Appellant appeals to the Upper Tribunal against a decision of the First-tier Tribunal (Judge Page) by which, in a determination promulgated on 23rd December 2013, he dismissed her appeal against the Secretary of State's decision to refuse to issue her with a residence card as the family member of an EEA national.

It was the Appellant�s case that she, an Indian citizen, is married to and in a relationship with a Czech national, Roman Pospisil.

The Respondent, upon receipt of the application made enquiries and found a visit visa application submitted in India in November 2005 by a person with the Appellant�s name and date of birth and containing her photograph along with her husband, Mr Dalvinder Singh as a joint applicant. That application was refused because the Sponsor declaration was found to be false after checks were made.

The Secretary of State also caused immigration officers to visit the Appellant�s address in the UK. The person who answered the door confirmed that the Appellant resided there although she was out at the time. He confirmed that she lived with an Indian male called Dalvinder Singh, and that no European male lived there. A second occupant at the premises also gave the same information to the immigration officers. The person that those two people named as the person with whom the Appellant lived had the same name as appeared on the visa application form from 2005.

The Judge heard oral evidence from the Appellant, her Czech "husband" and witnesses said to be persons living at her address and one of whom who said that he was the one who answered the door to the immigration officers.