Sterling & Law Associates LLP were successful in an appeal heard on 14 June 2017 by the First-Tier Tribunal, this time, regarding the refusal to issue a residence card to non-EEA national, spouse of a Hungarian national.
The basis of the refusal was that the Home Office was not satisfied that the Appellant’s spouse and sponsor was an EEA national, thus not satisfying the requirements to be considered a “qualified person”.
The Home Office stated that after a visit the Appellant’s home address the enforcement officers said that the Sponsor was unable to provide a credible confirmation of the valid Hungarian citizenship and expressed concerns that his level of Hungarian was insufficient for him to be a Hungarian national. All of the above was referred in the Home Office’s decision as the basis to disregard an EEA Registration Certificate, a valid Hungarian passport and naturalisation certificate provided by the sponsor.
The Appellant then instructed Sterling & Law Associates LLP to represent the couple in their appeal against the Home Office’s decision. Upon further evidence on behalf of the clients, along some clarification regarding the special circumstances over the place of birth and Hungarian naturalisation process, the Judge found that there was enough proof to shift the balance of probabilities in favour of the Appellant.
The judge of the First-Tier Tribunal looked not only into the explanation of the “propiska” registration system, which caused a misunderstanding of the sponsor’s place of birth in the former USSR, but also emphasised that the Home Office had no reason to dispute the genuineness of the sponsor’s Hungarian nationality.
Subsequently, after a confirmation of the validity of the EEA national’s passport as an evidence of Hungarian nationality by the authorities as well as the credible explanation for the place of birth confusion, the appeal was allowed by reference to the Regulation 6 (Qualified Person) and Regulation 7 (Family Member) of the Immigration (EEA) Regulations 2006.