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

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/00556/2014

 

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination & Reasons Promulgated
On 17 December 2015	On 7 January 2015

 

Before

 

THE HONOURABLE MRS JUSTICE CARR DBE

DEPUTY UPPER TRIBUNAL JUDGE DAVEY

 

 

Between

 

ishtiaq ahmed

(anonymity direction NOT MADE)

 

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

 

Respondent

 

Representation:

 

For the Appellant: Miss E King, Counsel, instructed by Rahman & Company

For the Respondent: Mr E Tufan, Home Office Presenting Officer

 

 

DETERMINATION AND REASONS

 

 

1. For reasons given in an earlier determination we have set aside the First-tier Tribunal Judge's decision in one limited but material respect, namely as to the question of whether or not Miss Ivanova, the appellant’s sponsor, is an EEA national exercising treaty rights as a worker.

 

2. Having set that part of the decision aside we are now invited to remake it. We are content to do so, on the basis of the evidence and findings of the First-tier Tribunal Judge below, and the additional material now placed before us. We take into account the material before the judge below, her findings so far as material and undisturbed by our earlier determination and the new documentation available to us including :

 

(a) A letter from a recruitment agency of today’s date in the following terms :

 

“Please accept this letter as confirmation that Ilona Ivanova has worked for us since 11 December and is currently still on an ongoing assignment.”

 

That certification is signed by David Joyner, an operations director;

 

(b) Payslips up to 12 December 2014, that is to say up to last week, showing earnings and a national insurance number; and

 

(c) Bank account details up to 12 December 2014 showing the sums recorded in the payslips going into Miss Ivanova’s account.

 

3. On the basis of these matters, we are satisfied on the balance of probabilities that the appellant has established now that Miss Ivanova is an EEA national exercising treaty rights as a worker. For those reasons we allow this appeal.

 

 

Signed : Date : 5 January 2015

 

 

The Honourable Mrs Justice Carr

 

TO THE RESPONDENT

FEE AWARD

 

Before the First-tier Judge no fee award was made because the appeal has been dismissed. In light of this Tribunal’s decision the following decision is substituted. The appeal has been allowed both upon the material before the original Tribunal and more recent material but in any event a fee was paid of £140 and in the light of the outcome of the decision today it is appropriate for a fee award to be made against the respondent.

 

No anonymity order was requested nor is necessary.

 

 

Signed Date 7 January 2015

 

The Honourable Mrs Justice Carr