IA004222014

The Appellant in this appeal was the Respondent at the First-tier Tribunal hearing, which was decided on the papers on 14 March 2014. However, for ease of reference, the Appellant and Respondent are hereafter referred to as they were before the First-tier Tribunal. Therefore Mr Guimaraes is referred to as the Appellant and the Secretary of State is referred to as the Respondent.

First-tier Tribunal Judge Pacey (the Judge) allowed the Appellant�s appeal on the basis of payslips provided by the Appellant from Pals CS Ltd up to the period 11 September 2013 and for Rise Business Services for the period 28 August 2013 to 22 September 2013, finding that the Sponsor �has at all material times been working and, then, exercising Treaty rights� [6].

a. Materially misdirected herself in law in law pursuant to Boodhoo and another (EEA Regs; relevant evidence) [2013] UKUT 346 (IAC) because the facts must be considered at the date of hearing rather than the date of decision and the Judge had referred to the date of decision as being the relevant date; and

b. Failed to give adequate reasons for her finding that the Sponsor has been exercising Treaty rights despite noting the lack of evidence as to the employment of the Sponsor at the date of decision; and, having noted inconsistencies in the evidence as to when the Sponsor started work at Rise Business Services Ltd but did not resolve those inconsistencies.

Mr Kandola essentially relied on the grounds of application, submitting that at [6] the Judge referred to copy bank statements not extending to the date of decision, and the payslips for the period 18 November 2012 to 15 December 2013 not establishing that the Appellant�s EEA national Sponsor was working to the date of decision. However, the Judge went on to find that the Sponsor was working and therefore exercising treaty rights �at all material times�. He submitted that she had therefore failed to consider the facts at the date of hearing rather than the date of decision.