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For the Appellant (Secretary of State): Ms S Cunha, Senior Home Office Presenting Officer
For the Respondents (original appellants): No appearance and, on this occasion, no representation
These appeals came before me substantively on 5 March 2019 when immediately following the hearing I gave an oral decision as to error of law and also directions. I shall of necessity repeat some of what was contained within that decision below.
This is the Entry Clearance Officer's appeal against a decision of First-tier Tribunal Judge Paul, promulgated on 28 December 2018 following a hearing at Taylor House some fifteen days previously, on 13 December 2018. For ease of reference I shall refer to Ms DM and her son, Master GV, collectively as "the claimants" and to the Entry Clearance Officer, who was the original respondent, as "the Entry Clearance Officer".
The claimants are mother and son who were born respectively in April 1974 and October 2007. They had applied for EEA family permits to join the sponsor, who is the first claimant's husband, Mr V, the couple having been married on 6 September 2016. It was and remains claimed on behalf of the claimants that the second claimant is Mr V's son who had been born some nine years earlier. Mr V is a Portuguese national exercising treaty rights in the UK and the application was for family permits to enable them to join him pursuant to their rights under the EEA Regulations.
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