IA040162014 & IA040102014

The appellants appeal to the Upper Tribunal from the decision of the First-tier Tribunal dismissing their appeal against the decision by the Secretary of State to refuse to issue them with EEA residence cards as extended family members of an EEA national exercising treaty rights here. The First-tier Tribunal did not make an anonymity direction, and I do not consider that the appellants should be accorded anonymity for these proceedings in the Upper Tribunal.

The first appellant, Mrs Haleema Afandi, was born on 16 December 1990. The second appellant, Mr Ishan Ellahi, is her husband, born on 4 November 1975. Both of them are Pakistani nationals, as is their son who was born in the UK on 23 January 2013. As the first appellant is the main appellant in this appeal, I shall hereafter refer to her simply as the appellant save where the context otherwise requires.

On 2 September 2013 the appellant applied for a residence card as the family member of an EEA national exercising treaty rights here. She included her husband and son as dependants on her application. Her EEA national sponsor was Noman Ali Liaqat, a French national, whose date of birth was 27 June 1989. He was related to her as a cousin, and he had been in full-time employment with a firm of accountants in London since 1 May 2013.

The accompanying notice of immigration decision stated she was entitled to appeal against the decision under Section 82 of the Nationality, Immigration and Asylum Act 2002 and Regulation 26 of the Immigration (EEA) Regulations 2006. An appeal had to be made on one or more of the following grounds, which the Secretary of State went on to list. The grounds listed did not include a human rights ground.

She accepted the sponsor may have sent money to the appellant in Pakistan, but even if it were for the appellant, rather than the joint family in Pakistan, �by no stretch of the imagination could she be considered dependent on Noman Ali Liaqat considering the money remitted to her by her husband.�