UI2022000969 & UI2022000970

             The appellants appeal with permission against a decision of First-tier Tribunal Judge S T Fox promulgated on 22 November 2021, dismissing their appeal against decisions of the Secretary of State made on 29 June 2020 to refuse them residence cards as the extended family members of a European Economic Area national exercising treaty rights in the United Kingdom. These appeals were brought under the Immigration (European Economic Area) Regulations 2016 ("the EEA Regulations").

             The appellants are sisters. They were born in 1986 and 1990 respectively. It is their case that they have been financially dependent on their brother, Mr Awais Ali Khalid, an Irish citizen on whom they have been financially dependent since 2015 and have been members of his household in the United Kingdom since 2019. The appellants' parents live with them and the sponsor, having been granted family permits in 2019.

             The respondent was not represented at the appeal before the First-tier Tribunal.

             The appellants sought permission to appeal on the grounds that the judge had erred in concluding that the sponsor was not exercising treaty rights until July 2020 as the appeal papers included the sponsor's tax return for the tax year April 2019 to April 2020 showing income from self-employment for that period and thus he was a qualified person at the date of application for residence cards in August 2019 and December 2019.

             The appellants also sought permission to appeal on the grounds that the judge had erred in:-