UI2022003630 & UI2022003633

             Granting permission, Upper Tribunal Judge O'Callaghan wrote:

The appellants appeal a decision of the First-tier Tribunal dismissing their appeal against a decision to issue an EEA family permit as extended family members.

The appeal was dismissed by the First-tier Tribunal. The sole reason given was the failure of the appellants to provide documents or other evidence. No express 2 consideration was given as to the impact of the respondent's failure to comply with rule 23 of the 2014 Rules.

By a decision dated 27 May 2022, Judge of the First-tier Tribunal Karbani refused the appellants' application for permission to appeal to the Upper Tribunal, observing, at [3]: '3. Having perused the file, it has been noted that directions following a prehearing review by FtTJ Austin requesting an appellant's bundle were issued on 19 January 2022. The appeal was determined on the papers on 1 April 2022 allowing ample time for compliance. Therefore, the grounds disclose no arguable error of law.'

By grounds of appeal filed with the Upper Tribunal, dated 26 June 2022, the first appellant states on behalf of both appellants that the directions of JFtT Austin were never received. It is further noted that the first appellant contacted the FtT on three occasions - 25 December 2021, 22 January 2022 and 28 April 2022 - seeking an update on the appeal, and the latter two contacts evidence that the directions were not received.