IA019552014

The Appellant appeals against a determination of Judge of the First-tier Tribunal Phull promulgated on 22 nd April 2014.

The Appellant is a male Nigerian citizen born 10 th April 1972 who on 30 th September 2013 applied for a Permanent Residence Card as confirmation of a right to reside in the United Kingdom on the basis that he is the spouse of Mary Teresa Eromosele, an Irish national who had been exercising Treaty rights for a continuous period of five years in the United Kingdom in accordance with The Immigration (European Economic Area) Regulations 2006 (the 2006 Regulations).

The application was refused on 11 th November 2013 with reference to regulation 15(1)(b) of the 2006 Regulations. The Respondent did not accept that the Appellant had provided evidence to show how his EEA national spouse was exercising Treaty rights in the United Kingdom between 2008 and 2013.

The Appellant appealed to the First-tier Tribunal, requesting that his appeal be determined on the papers.

The appeal was considered by Judge Phull (the judge) on 28 th March 2014. The judge found that insufficient evidence had been submitted to support the Appellant�s claim that his spouse had been exercising Treaty rights as a worker. The judge also considered whether the Appellant�s spouse was a self-sufficient person and exercising Treaty rights in that way, but this required evidence of health insurance and that there had been no claim on public funds, whereas the evidence submitted indicated that the Appellant�s spouse had been receiving public funds.