OA105542012 & OA105582012

The appellants appeal with permission against the determinations of First-tier Tribunal Judge Davda, promulgated on 26 July 2013 in which she dismissed their appeals against the decision of the respondent made on 24 April 2012 to refuse to issue them with EEA family permits to come to the United Kingdom as the dependants of Mary Luz Vallejo Rivillas and her husband Lorenzo Acanfora.

The respondent refused the applications on the basis that, although it was accepted that funds were remitted to the appellants and had been since January 2011, he was not satisfied that either appellant was wholly or mainly dependent on the EEA citizen to meet either of their essential needs in Colombia.

The respondent noted that the first appellant�s own income exceeded that of the financial support provided by Mr Acanfora and that was in any event her own income, regardless of the issue of any additional amount she received from him was in excess of the average Colombian salary.

Both appeals came before Judge Davda on 5 July 2013 when she heard evidence from the sponsors. For reasons which are not at all clear and which have caused considerable difficulty the judge decided to produce two separate decisions despite the fact that both cases are inextricably linked.

In her determination in respect of the first appellant, the judge directed herself on the applicable law [16], [18] noting the differences between �family members� and �other family members� noting that a distinction is to be drawn between those who qualify under Article 3.2 of the Directive, under which there is a duty to undertake an extensive examination of personal circumstances. After reciting the evidence the judge concluded: -