OA078452014

The Appellant is a citizen of Peru born on 20 th May 1981. She appeals against a decision of Judge of the First-tier Tribunal Myers sitting at Bradford Hearing Centre on 30 th January 2015. The Judge dismissed the Appellant's appeal against a decision of the Respondent dated 17 th June 2014 which was to refuse to issue entry clearance to the Appellant as a dependant extended family member of an EEA national. The Appellant wished to join her sister Ms Judith Gamboa a citizen of Spain exercising treaty rights in this country ("the Sponsor").

The matter came before the Judge on the papers who directed herself that the only issue she had to consider in deciding dependency was whether the Appellant needed financial support from the Sponsor to meet the Appellant's essential needs (paragraph 8 of the determination).

At paragraph 9 the Judge gave her reasons for finding against the Appellant on this point stating:

There was a deficit to be met. The father of the Appellant and the Sponsor was terminally ill which generated a significant increase in expenditure not only by the family as a whole but specifically by the Appellant who gave her meagre revenue to cover her father's expenses as shown in her claim.

The second point made in the grounds was that the First-tier Judge was wrong to consider that payment of debts by the Sponsor did not constitute dependence by the Appellant upon her. The debts were incurred because of the need to pay for expenses which exceeded the purchasing power of the Appellant. The debts included loans to pay taxes and health costs for the father's care. The Appellant's salary could not cover these debts.