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The Appellant is a citizen of India born on 28 th September 1987. Her application for an EEA family permit as a dependent family member of an EEA national exercising treaty rights in the United Kingdom was refused by the Respondent on 3 rd May 2013. Her appeal against that refusal was allowed under the Immigration (European Economic Area) Regulations 2006 by Judge of the First-tier Tribunal Chohan on 19 th February 2014.
The First-tier Judge was satisfied on the evidence before him that the Appellant was dependent on her stepfather, an EEA national, who was exercising treaty rights in the UK. Accordingly, the judge concluded that the Appellant met the requirements of Regulation 7.
Grounds submitted by the Respondent�s representative in support of an application for permission to appeal argued as follows:
(a) An alleged failure on the part of the First-tier Judge to recognise that the Appellant would only meet the relevant dependency tests if it could be shown that the money being sent to her by the EEA national concerned was enabling her to meet her �essential needs�; and
(b) an alleged failure on the First-tier Judge�s part to make relevant findings as to what the Appellant�s essential needs are and the extent to which, among other things, the Appellant is receiving financial support from other sources.
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