UI2022001652

              The appellant was granted permission to appeal the decision of First-tier Tribunal Judge Prudham dismissing her appeal, in a decision promulgated on 8 February 2022. Following an error of law hearing which took place on 22 May 2023, that decision was set aside (in a decision issued on 28 June 2023), albeit the First-tier Tribunal's findings at [10] were preserved, there being no challenge brought against those findings. The appeal was retained in the Upper Tribunal for remaking.

              No anonymity direction was made previously, and there is no reason for one now.

              The appellant is a national of Pakistan, now aged forty-nine. On 7 June 2019, the appellant applied for an EEA Family Permit as the dependent relative of her Italian-national brother, Mr Nadeem Abbas. That application was refused by the Entry Clearance Officer (ECO) by way of a decision dated 30 June 2019.

              There was a delay in the service of the ECO's decision and ultimately, the appellant gave notice of appeal on 9 September 2021. In the intervening period, the appellant's husband sadly died.

              The appeal before the First-tier Tribunal was considered on the papers, at the appellant's request, on 27 January 2022. While the judge accepted that the sponsor was a qualified person, based on the accounts for the 2018/2019 financial year, it was concluded that the appellant had failed to discharge the burden of proving that she was reliant on the sponsor for her essential living needs.