UI2023003374

            The appellant is a national of Nigeria. On 19 October 2022 she applied for an EUSS Family Permit under Appendix EU (Family Permit) as a 'family member of a relevant EEA citizen'. The appellant is the mother of Ferdna Eseoghene Ibobi ("the sponsor"), a German National, who it is claimed, has been living in the UK since 1 January 2015. The appellant claims to be dependent on the sponsor.

            At the outset of the hearing before me, Mr Ajala confirmed the relevant documents and evidence is set out in the composite bundle comprising of 170 pages. Mr Ajala clarified that the document titled 'Witness statement of the Appellant' that is at page 66 of the composite bundle, is not a witness statement made by the appellant. It is a skeleton argument. The appellant's statement is at page 71 of the composite bundle. Mr Ajala confirmed the appellant's statement is a statement that she herself prepared.

            The sponsor attended the hearing and was called to give evidence. She adopted her witness statement dated 27 March 2023 that is to be found at page 74 of the bundle. She claims her mother is dependent on her for all her essential living needs, which include food, medical bills, accommodation and utility bills. She claims her mother is unemployed and has no other source of income.

            In re-examination the sponsor confirmed that since her mother moved into her current accommodation she has never lived with her. She again confirmed that the rent paid by her mother includes water and electricity. She was asked whether her mother tells her what the money she sends is used for. The sponsor said that she just sends her the money and she does not know the specifics of how the money is spent.

            The burden rests upon the appellant to establish her entitlement to an EEA family Permit on a balance of probabilities.