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This is the Secretary of State's appeal against the decision of Judge Henderson made following a hearing at Bradford on 21 st September 2016.
The claimant is a citizen of Iran born on 19 th November 1993. She appealed against a decision to refuse her a family permit to join her stepmother as the family member of an EEA national exercising treaty rights in the UK.
The sole issue before the judge was whether the appellant could meet the requirements of Regulation 7(1)(b)(ii), namely a dependant of the EEA national or her spouse, the claimant's father.
The Secretary of State sought permission to appeal on the grounds that the judge had erred in law, had not applied anxious scrutiny to the conflicting evidence and had not addressed the question of whether the financial support was necessary to meet the claimant's fundamental needs.
Permission to appeal was granted by Judge Woodcraft on 11 th January 2017 for the reasons stated in the grounds.
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