UI2023002207 & UI2023002208

             The Appellants are both nationals of Afghanistan. They are respectively a husband (born 20 th February 1963) and wife (16 th July 1966). They seek permission under the EUSS to be able to enter the United Kingdom as the family members of their daughter Mrs Beshta Toryalai, a Norwegian national with pre-settled status.

             The Appellants now appeal on the grounds that the First-tier Tribunal has misunderstood the relevant provisions of the rules.

             There is no allegation here that the Appellants submitted false documents in support of these applications. Having set out the Respondent's position about the money transfer receipts filed in the earlier applications the refusal letters then say this:

You have not acknowledged or accepted the false information/documentation stated above or given an explanation in this application.

I have considered whether the false or misleading information provided used in support of the application was material to the decision to grant you entry clearance under Appendix EU (Family Permit) to the Immigration Rules (that is, whether it affects your ability to meet the requirements under this Appendix because discounting that information, representation or documentation means you would not have been eligible for an entry clearance under Appendix EU (Family Permit).