IA172232014

This is the appeal of the Secretary of State but I shall refer to the original appellant, a citizen of Ghana born on 5 December 1968, as the appellant herein.

The appellant entered the United Kingdom on 28 November 2012 from Italy on an European Economic Area family permit. His brother Francis is the sponsor. The brother holds an Italian passport. The appellant applied for leave to remain as an extended family member under the Immigration (European Economic Area) Regulations 2006. The respondent refused the application on 31 st March 2014 on the basis of insufficient evidence of dependency.

The appellant appealed and his appeal came before First-tier Judge Holder on 23 rd October 2014. The judge heard oral evidence from the appellant and his brother and was satisfied that the appellant was a relative of an EEA national exercising Treaty rights in the United Kingdom, that the appellant had lived with his brother in Italy and was dependent upon him and continues to be dependent upon him in the United Kingdom and resided with him. The judge concluded that the appellant met the requirements of reg. 8(2)(a) and (c) of the regulations. He allowed the appeal.

The Secretary of State appealed on the basis that the judge should not have allowed the appeal outright but remitted it to the Secretary of State following Ihemedu (Nigeria) [2011] UKUT 340 (IAC) . Permission was granted by First-tier Judge Holmes.

Mr Bramble relied on YB (Ivory Coast) [2008] UKAIT 00062 and Aladesalu (Nigeria) [2011] UKUT 253 (IAC) as well as Ihemedu to support his proposition that the First-tier Judge had erred in allowing the appeal outright. He referred in particular to the following passage from Aladesalu :