IA011622014

This is an appeal with permission against a decision by Judge of the First-tier Tribunal Blair dismissing this appeal under the Immigration (European Economic Area) Regulations 2006 (�the EEA Regulations�).

The appellant is a national of the Gambia. His wife, Kumba Jallow, is a Danish national. The appeal was brought against a decision dated 8 December 2013 by the respondent refusing the appellant a residence card as the family member of an EEA national. This was because the family member, namely the appellant�s wife, had failed to provide evidence that she was a qualified person in terms of regulation 6 of the EEA Regulation. The appellant claimed that his wife qualified under regulation 6 either as a jobseeker or as a person who had retained the status of a worker in involuntary unemployment.

The Judge of the First-tier Tribunal considered what requirements had to be satisfied in order to retain the status of a worker in involuntary unemployment in terms of regulation 6(2)(b). The judge was not satisfied that the appellant�s wife met these requirements and accordingly dismissed the appeal.

The application for permission to appeal argued that the judge misinterpreted the requirements in regulation 6(2)(b) and that on the evidence the appellant�s wife met the relevant requirements. In granting permission to appeal, Judge of the First-tier Tribunal Landes pointed out that regulation 6 had been amended with effect from 1 January 2014 (subject to transitional provisions which are not relevant to this appeal) and the application of the amended regulation did not appear to have been considered.

Although the decision against which the appeal to the First-tier Tribunal was brought was dated 8 December 2013, the appeal was heard on 27 February 2014. The relevant amendments to regulation 6 were made by the Immigration (European Economic Area) (Amendment) (No 2) Regulations 2013/3032. Regulation 6 now reads as follows: