EA004722018

The appellant has been granted permission to the Upper Tribunal from the decision of the First-tier Tribunal dismissing her appeal against the decision of the Entry Clearance Officers to refuse to issue her with an EEA family permit to enable her to join her sponsor in the UK as his spouse. I was not asked to make an anonymity direction, and I do not consider that such a direction is warranted on the facts of this case.

The appellant's appeal came before Judge Dineen sitting at Hatton Cross on 4 December 2018. Both parties were legally represented. It is recorded by the Judge that, in support of her appeal, the appellant relied on a bundle of documents extending to 146 pages and on the evidence of her sponsor.

In his subsequent decision, the Judge set out his findings of fact at paragraphs [12]-[25]. He concluded, at paragraph [26], that he was not satisfied that the parties were validly married or in a genuine and subsisting relationship.

The appellant's UK sponsor and his nominated legal representatives were informed in good time that the hearing of the appeal would take place at Field House on 15 July 2019. There was no appearance by the sponsor or by a legal representative on behalf of the appellant at the hearing. Perusal of the file revealed that an attempt had been made recently to withdraw the appellant's appeal. Permission had been refused by an Upper Tribunal Judge on the ground that the appellant was out-of-country, and it was not clear that she had authorised her appeal to be withdrawn.

Mr Tarlow conceded that there were errors in the Judge's approach, and he invited me to set the decision of the First-tier Tribunal aside and to re-make it in favour of the respondent.