UI2023002209 & UI2023002210

(i)             Mr Muhammad Azam

              This is an appeal against the determination of First-tier Tribunal Judge Phull, promulgated on 20 th April 2023, following a hearing at Birmingham on 10 th March 2023. In the determination, the judge allowed the appeal of the Appellants, whereupon the Appellants subsequently applied for, and were granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

              The Appellants claim that they are indeed dependent on their son-in-law, Mohammad Idrees Mirza for their essential needs and that they have submitted evidence of remittances which satisfies their dependency on their EEA citizen Sponsor. They therefore met the eligibility requirements for an EUSS Family Permit.

              At the hearing before me on 6 th September 2023 the Appellants were again without representation, and the Sponsor was not in attendance and there was no explanation for why this was the case. Mr Bates, appearing before me on behalf of the Secretary of State submitted that it was clear that the judge had failed to deal with the monies being sent for the purposes of the Appellant's "essential needs" and that there was clearly an error of law in that regard.

          I am satisfied that the making of the decision by the judge involved the making of an error on a point of law for the reasons set out in the Secretary of State's application for permission to appeal and the grant of permission by the First-tier Tribunal.