IA186312014

It is on this basis that the appeal comes before me. The Appellant is represented by his instructed solicitor Mr Ahmed. Mr Ahmed is familiar with this matter having appeared before the First-tier Tribunal. The Secretary of State appears by her Home Office Presenting Officer Mr McVeety.

Mr McVeety considerably shortens this matter by narrowing the issue in question that I am required to decide as to whether or not the Appellant�s wife is going to undertake a college course and providing that she proves that she is then the Appellant will be entitled to his residence card. He equally acknowledges that documentary evidence had been provided proving that the Appellant�s Sponsor Mrs Rima Ali Issa is attending college.

Mr Ahmed takes me to paragraph 23 of the First-tier Tribunal Judge�s determination and points out that on the day of hearing the Sponsor had been issued with an enrolment sheet and that it is not possible to force the college to reissue an enrolment sheet. He emphasised that the Sponsor has not taken time off the course and that she has private medical insurance. He asked me to allow the appeal.

Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial consideration, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.

The decision of the First-tier Tribunal contained a material error of law and is set aside. The decision is remade allowing the Appellant�s appeal under the Immigration (European Economic Area) Regulations 2006.