United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: EA/04007/2015

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On 8 May 2018	On 11 May 2018

 

Before

 

UPPER TRIBUNAL JUDGE PITT

 

Between

 

Martins NNamedi ijendu

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REASONS

1.              The Upper Tribunal was due to re-make this appeal which concerns whether the appellant qualifies for a residence card showing him to have retained residence rights as the former spouse of an EEA national exercising Treaty rights.

2.              The respondent indicates in a letter dated 8 May 2018 that, having reviewed the evidence, she intends to issue the appellant with a residence card.

3.              The respondent also proposed in the letter of 8 May 2018 to withdraw her case before the Upper Tribunal by way of ending this matter. The case before the Upper Tribunal was brought by the appellant, however, not the respondent. The respondent has no "case" to withdraw.

 

4.              The respondent's position, really, is that she concedes that the appeal should be allowed as she accepts that the appellant is entitled to a residence card. On that basis, the appeal is allowed under the Immigration (European Economic Area) Regulations 2006.

 

 

Notice of Decision

 

The appeal is allowed under the Immigration (European Economic Area) Regulations 2006.

 

 

Signed: Date: 8 May 2018

Upper Tribunal Judge Pitt