UI2021001956

              In a decision promulgated on 15 August 2023, I found an error of law in the decision of First-Tier Tribunal Judge Parkes promulgated on 5 August 2021 in which the Appellant's appeal against the decision to refuse his application for an EEA Residence Card as the durable partner of an EEA national dated 4 November 2020 was dismissed. The decision is annexed, setting out the reasons and that the First-Tier Tribunal's decision was set aside. This is the re-making of the Appellant's appeal.

              The Appellant is a national of Pakistan, born on 7 June 1991 who claims to have entered the United Kingdom in 2005. He made an application for an EEA Residence Card on 3 October 2020.

              The Appellant's written statement, signed and dated 2 October 2023 sets out details of his relationship with Cristiana Maria Nedelcu (the "Sponsor"). He first met her in November 2018 when he started living at her address, with their relationship beginning on 17 April 2019, they had an Islamic marriage on 5 December 2019 and were cohabiting as a couple from April 2020. The couple were married in a civil ceremony on 20 July 2021.

              The Appellant attended the oral hearing, adopted his written statement and gave oral evidence through a court appointed Punjabi interpreter. He confirmed that prior to this application for an EEA Residence Card, the Appellant had been in the United Kingdom illegally since 2005 and had only made one previous application for leave to remain, the details of which he could not remember.

              The Appellant has family in Pakistan, his father and siblings, his mother having passed away. He is in regular contact with them and has introduced the Sponsor to them online, translating for both sides and there are plans to visit Pakistan together once the Appellant's immigration status is sorted out. The couple plan to have a family in the future.