EA001032019

The appellant is a citizen of Germany who was born on 18 February 1959. On 2 October 2018, the appellant applied for a certificate of permanent residence under reg 15 of the Immigration (EEA) Regulations 2016 (SI 2016/1052 as amended). The basis of her application was that she had resided in the UK with her husband, also a German citizen, for a period of at least 5 years and he was a 'qualified person'. On 7 December 2018, the Secretary of State refused her application.

The appellant appealed to the First-tier Tribunal ("FtT"). The appeal was dealt with by Judge Suffield-Thompson on 26 February 2019. She determined the appeal 'on the papers' as the appellant had not requested a hearing. The judge was not satisfied, on what she described as the "quite scant" evidence", that the appellant had established her claimed period of residence or that her husband had worked in the UK, as a doctor, for the period relied upon.

The appellant sought permission to appeal to the Upper Tribunal which was granted by the FtT (Judge Scott-Baker) on 23 April 2019.

At the hearing before me, the appellant appeared in person and the respondent was represented by Mr Howells.

The basis of the appellant's appeal is that the judge failed to take into account a bundle of documents sent by the appellant to the FtT under cover of a letter dated 14 February 2019. The appellant helpful provided a composite bundle in four parts. Part 3 contained the documents which she relied upon as having been sent to the FtT on 14 February 20-19 but not considered by the judge.