EA002232022 & EA003032022

The Appellants are citizens of India born on 10 January 1964 and 14 March 1965 respectively. They are husband and wife. They appeal against the linked decisions of First-tier Tribunal Judge Chana promulgated on 10 June 2022 with the permission of First-tier Tribunal Judge Povey granted on 3 August 2022.

On 29 June 2021 the Appellants made applications for EEA Family Permits under the EU Settlement Scheme ('EUSS') on the basis that they were each the family member of a relevant EEA citizen - specifically the dependent parents of a person whose spouse was an EEA citizen. The Appellants claimed to be the parents of Vikramjit Singh who was married to Aurelija Vaseryte, a citizen of Lithuania.

On 8 November 2021 both applications were refused for reasons set out in respective similarly drafted Notices of Decision. In substance it was not accepted that the relationship between the Appellants and Vikramjit Singh had been established. No further exploration was seemingly given to the application, for example in respect of the claimed dependency. In material part the Notice of Decision in respect of the First Appellant was in these terms:

" You have stated that the family relationship of the EEA citizen sponsor to yourself is dependant parent in law.

As evidence of your relationship you have provided a Government of Punjab birth certificate to demonstrate your parentage to your son. It has been noted that this birth was registered on 15th January 2011, approximately 23 years after the birth. Given this the late registration of the birth certificate it cannot be accepted as reliable evidence in the absence of other relevant birth documentation issued at the time of the event or other credible documentation evidencing your parentage.