OA028052013

This appeal has its origins in a decision of the Entry Clearance Officer (� the ECO �), dated 12 th December 2012, refusing the application of Matthew Chattil (� the Appellant �) for admission to the United Kingdom as the family member of a EEA national exercising, or proposing to exercise, Treaty rights. The application was made and determined under the Immigration (European Economic Area) Regulations 2006 (� the EEA Regulations �). The gravamen of the ECO�s decision is encapsulated in the following passage:

� Your sponsor has provided no evidence that she has ever exercised her treaty rights as a qualified person in that there is no evidence that she has ever worked in the UK �.. In interview she stated that she was not capable and would not be returning to employment. I therefore consider that you have failed to provide evidence that your EEA national family member is a qualified person in accordance with Regulation 6 �.. �

The ECO also determined that the refusal of the application would not infringe the Applicant�s rights under Article 8 ECHR.

The Appellant is of Indian nationality and is aged 53 years. The sponsor holds dual British and Irish nationality. The decision of the ECO was affirmed, on internal appeal, by the Entry Clearance Manager. This further decision is dated 29 th April 2013. Its essence is ascertainable from the following passages:

� I have noted the sponsor�s answers at interview. She is not working and has not worked since 1990 in a Spar. She has not worked since then as she has not been well, suffering from depression. Her only income is from benefits ����.