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This is an appeal by the Secretary of State but I will refer to the parties as they were before the First-tier Tribunal.
The appellant is a citizen of Sri Lanka born on 8 th March 1985. He arrived in the UK on 25 th September 2009 as a student. He had leave in this capacity until 6 th September 2013. On 6 th September 2013 he applied for an EU residence card as the unmarried partner of Ms Kristina Harlamova, a citizen of Latvia born on 22 nd April 1990 in accordance with Regulations 8(5) and 17(4) of the Immigration (EEA) Regulations 2006 (henceforth the EEA Regulations).
This application was refused without a right of appeal. The appellant applied again on 2 nd February 2014 and was refused on 31 st March 2014 with a right of appeal. His appeal against the decision was allowed by First-tier Tribunal Judge Russell in a determination promulgated on the 28 th November 2014.
Permission to appeal was granted by Judge of the First-tier Tribunal Mark Davies on 13 th January 2015 on the basis that it was arguable that the First-tier judge had erred in law in allowing the appeal outright rather than simply to the extent of finding the decision was not in accordance with the law and remitting the matter for a decision on the issuing of a residence card to the Secretary of State.
The matter came before me to determine whether the First-tier Tribunal had erred in law.
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