UI2023004838

             The appellant appeals with permission against a decision of First-tier Tribunal Judge S P J Buchanan, promulgated on 17 January 2023, dismissing his appeal against a decision made by the Secretary of State on 14 August 2020 to refuse to issue him a residence card as confirmation that he is an extended family member of an EEA national exercising treaty rights in the United Kingdom. That application was made under the Immigration (European Economic Area) Regulations 2016 and of which the right of appeal arose.

             The appellant arrived in the United Kingdom on 11 October 2019 with a visit visa and on 14 August 2020 applied for a residence card to confirm that he is the extended family member of his older brother Benigno Maia Salsinha who had moved to the United Kingdom in November 2012 at which point he started sending money back to help the family. The appellant's father died on 13 May 2018 and subsequent to that, their family were reliant for their basic needs on the support from the brother.

             It is his case that he has been completely dependent on his brother since his arrival and lives with him in Lurgan.

             The Secretary of State rejected the application on the grounds that the appellant had failed to provide sufficient evidence that he was dependent on or residing with the EEA national sponsor prior to entering the United Kingdom or had continued to be dependent or residing with him after his arrival.

             The judge heard evidence from the appellant, the appellant's brother and from the brother's partner. He also heard submissions from both representatives. In addition to the oral evidence, he also had before him a conjoined bundle and a skeleton argument from Mr Beech of Counsel who represented the appellant.