IA244292014

The appellant is a national of Pakistan and his date of birth is 1 March 1985. He appeals with permission granted by Judge Kelly, a Judge of the First Tier Tribunal following the dismissal of his appeal against the respondent's decision refusing to grant him an EEA Residence Card as the spouse of an EEA national exercising community Treaty rights in the United Kingdom.

The hearing before Judge Dickinson, a Judge of the First Tier Tribunal took place at Nottingham Justice Centre on 9 January 2015 and the determination setting out reasons for the dismissal of appeal was promulgated on 26 January 2015. Permission to appeal to the Upper Tribunal was granted on 26 March 2015.

In response Ms Fujiwala agreed that the Judge had not mentioned the Critical Life Insurance Cover as an item of evidence that he had considered but she argued that a Judge was not required to mention in his determination every piece of evidence that he had seen and given consideration to.

Ms Haji further argued that the decision to refuse was also materially flawed in that the respondent had failed to carry out a home visit as required and had given no consideration to the couple's attempt to have a baby. At this stage Ms Fujiwala asked that the appeal be allowed but only to the extent of being remitted to the First Tier Tribunal for a fresh hearing.

At this point I note that Ms Fujiwala had asked that the appeal be remitted to the First Tier Tribunal for a fresh hearing. Ms Haji, the appellant's representative, did not support the request. Ms Fujiwala offered me no reason as to why I should remit the appeal for a fresh hearing by the First Tier Tribunal. I have all the evidence before me to make a decision in respect of the appeal lodged by the appellant against the respondent's decision to refuse the application for the reasons given and notified on 29 May 2014. I therefore proceed to make the substantive decision in this appeal.