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FMB (EEA reg 6(2)(a) � �temporarily unable to work�) Uganda [2010] UKUT 447� (IAC)
A state of affairs is �temporary� if it is not permanent. Accordingly, for the purposes of reg 6(2)(a) of the Immigration (European Economic Area) Regulations 2006, a person whose inability to work as a result of illness or accident is not permanent is temporarily unable to work.
This is the Secretary of State�s appeal against a determination by Immigration Judge Oxlade.� In a decision dated 17 February 2010 the Secretary of State refused the Claimant a permanent residence card under reg 15(1)(b) of the Immigration (European Economic Area) Regulations 2006.� The Claimant�s appeal was allowed by the Immigration Judge and permission to appeal was granted on the Secretary of State�s application.�
The claimant was born on 5 January 1988 and is a national of Uganda. She first entered the United Kingdom as a visitor on 1 July 2004.� On 18 November 2004 she was granted residence as a family member of an EEA national, namely her father,� who is a Swedish national. �She was refused a permanent residence card in the decision giving rise to this appeal because the Secretary of State was not satisfied that her father was a qualified person who had exercised Treaty rights in the United Kingdom for a continuous period of 5 years.�
The acquisition of a permanent right of residence is addressed in reg 15 of the 2006 Regulations in the following terms:
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