IA007262014

The Appellant appeals against a determination of Judge of the First-tier Tribunal Borsada (the judge) promulgated on 14 th April 2014.

The Appellant is a male citizen of Nigeria born 4 th February 1970 who applied for a residence card as confirmation of a right to reside in the United Kingdom. The application was made on the basis that the Appellant is the extended family member of an EEA national, that being his cousin Augustine Edobor, an Italian national to whom I shall refer as the Sponsor.

The application was refused on 4 th December 2013. In summary the Respondent did not accept that the Appellant and Sponsor are related as claimed, and did not accept the Sponsor is a qualified person as defined by regulation 6 of the Immigration (European Economic Area) Regulations 2006 (the 2006 regulations), and did not accept that the Appellant had been dependent upon the Sponsor either in Nigeria or in the United Kingdom.

The Appellant applied for permission to appeal to the Upper Tribunal. In summary the Appellant relied upon four grounds which are summarised below;

(i) It was contended that the judge had erred in law by applying double standards in his decision making. The judge had found that the Sponsor was a qualified person based upon the objective evidence before him and therefore should have accepted the objective evidence that was before him in relation to dependency, and the relationship between the Sponsor and Appellant.