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The claimant, Limberg Hugo Rojas Guzman, date of birth 18.2.82, is a citizen of Bolivia.
The Secretary of State appealed against the determination of First-tier Tribunal Judge Bircher, who allowed the claimant�s appeal against the decision of the respondent, dated 19.3.14, to refuse his application made on 12.10.13 for an EEA residence card as confirmation of a right to reside in the UK as the spouse of an EEA national exercising Treaty rights. The Judge heard the appeal on the papers on 30.5.14.
Thus the matter came before me on 27.8.14 as an appeal in the Upper Tribunal. I found that there was an error of law and set the decision aside, adjourning the remaking of the appellant to a further hearing before me in the Upper Tribunal, which resulted in the hearing being listed before me on 28.11.14.
Further, the judge failed to make any findings in relation to the claims of inconsistency between the appellant and his EEA sponsor.
The judge also erred in finding that she could not accept that the interview was properly and fairly conducted without a full transcript of that interview, which had not been provided. There was no reason why the judge should have doubted the interview summary submitted by the Secretary of State. It was a matter for the claimant as to whether he wished to adduce evidence that the interview was somehow unfair. No such evidence had been produced and the claimant asked for the appeal to be decided on the papers without an oral hearing.
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