OA125502013

The Appellant, a national of India appealed against the Respondent�s decision to refuse to issue an EEA family permit under the Immigration (European Economic Area) Regulations 2006 (the 2006 Regulations) particularly Regulation 7. The matter came before First-tier Tribunal Judge Colyer who on 7 February 2014 dismissed the appeal against the Respondent�s decision. Permission to appeal that decision was given by First-tier Tribunal Judge Page on 10 April 2014.

The first issue in dispute relates to the description of the Appellant, as the mother of the UK Sponsor and an EEA national of Italy. The Appellant lives in Italy and has a right to remain given on the basis of the Sponsor�s, now in the UK, status in Italy. The Sponsor seeks to bring his mother into the UK for the purposes of generally caring for her; given that she is some 80 years of age and in need of support.

The definition of a family member to which the Appellant would belong is under Rule 7(1)(c) of the 2006 Regulations that she is a dependent direct relative in the ascending line. It is clear that the mother is a direct relative in the ascending line but issue is taken as to whether she is his dependant.

It is said, as described by the judge, the main thrust appeared to be the suggestion that the Appellant is physically and/or emotionally dependent upon the Sponsor. There is reference to her needing help for her daily requirements like preparing food and washing etc. There is also an inference that she may have some medical problems. No medical evidence has been produced. No independent assessment of the Appellant�s physical and emotional needs has been carried out.

The judge found that such evidence as was adduced was not sufficient to show financial dependency of any kind.