UI2022005818

            The appellant is a national of Bangladesh. On 31 December 2020 he made an application for an EEA Family Permit as the extended family member of Mr Rasha Miah, his paternal cousin, under the Immigration (European Economic Area) Regulations 2016. The application was refused by the respondent for reasons set out in a decision dated 8 February 2021. The respondent was not satisfied that on the basis of the evidence provided in support of the application, the appellant is dependent upon the sponsor as claimed.

            The appellant's appeal against that decision was dismissed by First-tier Tribunal Judge Shepherd for reasons set out in a decision dated 26 August 2022. The only issue in the appeal was whether the appellant is dependent on the sponsor. Judge Shepherd was not satisfied the appellant is dependent on his paternal cousin as required.

            The appellant lodged an out of time appeal with the First-tier Tribunal. Permission to appeal out of time was refused by First-tier Tribunal Judge Saffer on 7 November 2022. He said:

"The application is 10 days out of time. That is not de minimis. The reason for the delay, lack of funding, is a very poor excuse given he had 28 days from promulgation to secure funding. In any event, the grounds are weak as even if they are correct regarding the very minor issues asserted, there is nothing in the grounds. The Judge applied the correct standard of proof and made findings on all issues that were available on the evidence. The grounds are simply a disagreement with the decision."

            The application for permission to appeal was renewed to the Upper Tribunal. The applicant again explained that the delay in the application for permission to appeal was caused by difficulties in the appellant securing funds for the application. Permission to appeal was granted by Upper Tribunal Judge Pickup on 24 January 2023. He said: