OA196642013

The appellant is a citizen of Pakistan. He has appealed against a decision dated 2 October 2013 to refuse to issue him an EEA residence card. He claims to be the nephew of Mr Malik Asim (the sponsor), an EEA citizen.

In a determination promulgated on 8 May 2014 First-tier Tribunal Judge Sangha dismissed the appellant�s appeal, having considered it on the papers.

The appellant sought permission to appeal on 27 May 2014. Although the grounds of appeal are unnecessarily complex, the essence of the grounds can be simply stated. The Judge erred in law in failing to consider evidence that post dated the relevant date of decision but appertaining to facts at the time. This was the basis upon which Judge JFW Phillips granted permission to appeal on 16 June 2014.

The matter now comes before me to decide whether the determination contains an error of law, and if so to re-make the decision.

There were a number of bundles submitted on behalf of the appellant at various stages in the Tribunal�s file. It is regrettable that there was no attempt to comply with the Tribunal�s directions by providing an updated index of relevant documents. Ms Cantor collated the relevant documents into a bundle of 36 pages. After taking time to consider these documents Mr Whitwell indicated he was content to proceed.