EA007172018

Mr Ali is a Pakistani national, born on 15 June 1997. On 6 th July 2017, aged 20, he made an on-line application for a residence card as the family member of an EEA national. The application form does not state, in terms, whether he is applying for a residence card as a family member as defined in regulation 7 of the Immigration (European Economic Area) Regulations 2016 or as an extended family member as defined in regulation 8. The copy form, as it appears in the respondent's bundle, does not identify the type of residence card it applies to.

The application was refused on 15 th December 2017 in a document headed 'Refusal of EEA Family Permit' which stated, inter alia :

"You have applied for an EEA family permit to join Ehsan Ur Rehman in the United Kingdom as the Direct Family Member (Brother) of an EEA National. I have considered your application under regulation 7.... I have used all the information provided by you to determine if the requirements of the [2016 regulations] have been met. ..."

The ECO did not accept that the documents provided (Pakistan Family relationship Certificate and appointment of guardian document) were sufficient evidence that the appellant was the brother of Ehsan Ur Rehman. Nor did the ECO accept that the financial evidence provided was sufficient to validate the claim that he was dependant on Mr Rehman and he was therefore not satisfied the appellant met the requirements of regulation 7.

In his grounds of appeal, the appellant pleaded, inter alia, that the ECO decision was against regulations 7 and 8 of the 2016 Regulations. The ECM review that took place after the filing of the grounds of appeal did not address regulation 8 and simply confirmed the ECO decision under regulation 7.