Calle v Secretary of State for the Home Department
Richard represented the Appellant who was seeking a right of residence in the UK based on her EEA national child. The Appellant was estranged from the father of her EEA national child and therefore had little evidence to prove that the father was exercising his treaty rights by working
The First Tier Tribunal ordered the Respondent to disclose evidence of the EEA national’s salary from HMRC. The judge then found for the Appellant.
The Respondent appealed on the basis that the judge had not addressed any elements of the test set out at regulation 15A of the Immigration (European Economic Area) Regulations 2006, other than whether the Appellant was her daughter’s primary carer. The judge had not stated explicitly in his judgment that these matters had been conceded by the Respondent.
The Upper Tribunal found that the First Tier Tribunal judgment had lacked clarity but the failure to set out the concessions was not an error of law. In addition, the judge approved the submission that regulation 15A was inconsistent with EU law when requiring the EEA national parent to be working at the time that the EEA national child enters formal education (as set out in Ahmed (Amos; Zambrano; Reg 15A(3)(c)  EEA Regs)  UKUT 00089 (IAC)).