IA022242015

For the Respondent : Ms N Wilcocks-Briscoe, Senior Home Office Presenting Officer

The appellant is a national of India, born on 16 March 1979. His appeal against the respondent's decision dated 22 December 2014 refusing his application for a residence card under the Immigration (EEA) Regulations 2006 ("the 2006 Regulations") was dismissed by First-tier Tribunal Judge Norton-Taylor in a decision promulgated on 18 September 2015.

The Judge found at [22] found that the appellant's evidence did not disclose a clear account of the uncle's money being used for basic living needs such as food, water, medicine, rent or essential utilities. There was no '... firm evidential platform on which to rest a positive finding of relevant dependency'.

In granting him permission to appeal on 3 March 2016 First-tier Tribunal Judge McDade stated that it was arguable that the Judge failed to give any consideration to Article 8 of the ECHR, as Article 8 was raised in the grounds of appeal but appears not to have been dealt with by the Judge.

However, as noted by Mr Turner, who did not represent the appellant at the hearing and who was not responsible for drafting the grounds of appeal to the Upper Tribunal, the Judge had in fact expressly considered Article 8 and had found that he had no jurisdiction to consider an Article 8 appeal. The Judge expressly referred to the Upper Tribunal's decision in Amirteymour and Others (EEA Appeals; Human Rights) [2015] UKUT 466 (IAC) , which was upheld by the Court of Appeal in TY (Sri Lanka) v SSHD [2015] EWCA Civ 1233 .