UI2023004332

For the Respondent: Ms H Masood of counsel, instructed by Thames Hill Solicitors

            The Entry Clearance Officer appeals with the permission of First-tier Tribunal Judge Elliott against the decision of First-tier Tribunal Judge Maurice Cohen. By his decision of 18 August 2023, Judge Cohen allowed Ms Adan's appeal against the Entry Clearance Officer's refusal of her application for a family permit under Appendix EU (FP) of the Immigration Rules.

            To avoid confusion, we will refer to the parties as they were before the First-tier Tribunal: Ms Adan as the appellant and the Entry Clearance Officer as the respondent.

            The respondent refused the application on 9 September 2002. He concluded that the appellant had provided inadequate evidence to show that she was financially dependent on the sponsor because there was no evidence of the appellant's domestic circumstances in Uganda. Without that evidence, the respondent stated that he was unable to ascertain whether she could meet her essential living needs without the support of the sponsor.

            The appeal came before Judge Cohen on 11 August 2023. As we understand it, the judge was sitting at Taylor House, whereas the advocates and the sponsor attended remotely via CVP. As we will explain shortly, what happened during the hearing is in dispute before us. It suffices for the moment to state that the judge allowed the appeal, finding that there was evidence of financial support passing from sponsor to appellant from 2011 onwards and that she was demonstrably reliant upon that support.