EA001622017 & Ors.

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI2008/269) an Anonymity Order is made. Unless the Upper Tribunal or Court orders otherwise, no report of any proceedings or any form of publication thereof shall directly or indirectly identify the original appellant. This prohibition applies to, amongst others, all parties.

The first appellant is the wife of the sponsor, a Portuguese citizen said to be exercising Treaty rights in the UK. The second, third and fourth appellants are the children of the first appellant and the sponsor born in 2006, 2009 and 2012 respectively. The appellants are citizens of Pakistan.

The appellants have appealed against a decision sent on 6 December 2017 in which the First-tier Tribunal ('FTT') dismissed their appeals against the respondent's decisions dated 7 September 2016 to refuse to issue them with EEA family permits. Those decisions make it clear that the respondent accepted that the sponsor is a Portuguese citizen exercising Treaty rights in the UK. It follows that the only issue in dispute before the FTT was whether or not the appellants are related as claimed to the sponsor.

The FTT considered all the evidence available, including the sponsor's oral evidence, and was entitled to conclude, for the reasons provided that there was a paucity of credible evidence to support the claimed family relationships.

The first appellant appealed against the FTT's decision on behalf of all four appellants. She submitted that there was ample evidence to support the claimed family relationships and indicated a willingness to undertake DNA testing.