IA223632013

The appellant is a citizen of Pakistan born on 15 th August 1952. He is the father of Mr Muhammad Farhan Asghar who is a citizen of Pakistan born on 27 th December 1984. Mr Asghar is married to Mrs Hanna Josefin Goransson, who is a Swedish citizen born on 20 th December 1984. Mr Asghar and Mrs Goransson were married on 15 th March 2011 and have a son together. The appellant, Mr Asghar, Mrs Gorannson and their son all live at the same address.

The appellant arrived in the UK on 21 st May 2004. He applied for a residence card as the family member of Mr Asghar and Mrs Goransson in September 2012. This application was refused on 11 th April 2013 on the basis that he had not provided the relevant birth and marriage certificates to show he was related as claimed to Mrs Goransson.

His appeal against the decision was dismissed by First-tier Tribunal Judge CJE Nicholls in a determination promulgated on the 2 nd April 2014. The respondent conceded that the appellant was related to his son as claimed and that his son was married to Mrs Goransson, and that this placed him with the definition at Regulation 7(1)(c) of the Immigration (EEA) Regulations 2006. Judge Nicholls dismissed the appeal because he found that the appellant was, on the facts of the case, dependent on Mr Asghar but not on his EEA daughter-in-law, Mrs Goransson.

Permission to appeal was granted by Judge of the First-tier Tribunal Simpson on 15 th May 2014 on the basis that it was arguable that the First-tier Tribunal had erred in law in finding it was necessary for there to be some dependency on the EEA national rather than on the non-EEA national son.

The matter came before me to determine whether the First-tier Tribunal had erred in law.