UI2022001591

      The appellant, a citizen of Pakistan, appeals to the Upper Tribunal against a decision of the First-tier Tribunal which dismissed the appellant's appeal against a decision of the Entry Clearance Officer refusing the appellant entry clearance under the Immigration (European Economic Area) Regulations 2016. The appellant was residing in Pakistan and asserted that she was materially dependent on her brother in the United Kingdom, a Spanish national. The judge did not accept that there was a relationship of dependency.

       Granting permission, Upper Tribunal Judge Norton-Taylor wrote: ' As set out in the grounds at some length, it is arguable that the judge erred in her approach to the issue of dependency, both in terms of the evidence before her and, at least to an extent, the relevant legal test. I note the absence of a Presenting Officer at the hearing and the apparent absence of any specific adverse credibility findings by the judge in relation to the sponsor's own evidence.'

      In the absence of the sponsor, I have considered the documents very carefully. I find that I agree with the submissions of Mr Bates for the reasons he gave. The First-tier Tribunal had (i) considered the relevant evidence and (ii) had reached findings of fact which were open to it. As such, the grounds amount to nothing more than a disagreement with findings available to the judge. Accordingly, I dismiss the appeal.