UI2023003385

            The appellant in the appeal before me is the Secretary of State for the Home Department ("SSHD") and the respondent to this appeal is Mr Nadeem Qaiser.  However, for ease of reference, in the course of this decision I adopt the parties' status as it was before the FtT.  Hereafter, I refer to Mr Qaiser as the appellant, and the Secretary of State as the respondent.  

            The appellant's appeal against that decision was allowed by First-tier Tribunal Judge Alis ("the judge").

            Permission to appeal was granted by Upper Tribunal Judge Kebede on 19 September 2023. She said:

"Arguably the judge failed to consider, and make any proper findings on, whether the appellant had demonstrated membership of the sponsor's household in Italy and failed to consider the continuity of dependency/ membership of the household."

"27. The Appellant's evidence about what he did in Italy but given he went to Italy to work (see Schengen visa form in Appellant's bundle) it would appear that when he went to Italy he was not being maintained by the Sponsor as an EU dependant. The fact he lived with the Sponsor in Italy does not necessarily mean he formed part of the Sponsor's household as the documents adduced in the Appellant's bundle suggested that not only he but his brother and all their family lived in this one house.