IA174732014

The Appellant is a national of Pakistan date of birth 6 th December 1987. He appeals with permission the decision of the First-tier Tribunal (Judge Pickup) to dismiss his appeal against the Respondent�s decision to refuse to issue him with a residence card confirming his right of residence as an extended family member of an EEA national exercising treaty rights [1] .

The basis of the Appellant�s case was that he is dependent upon his aunt, Mrs Rubina Shaheen. Ms Shaheen is an Italian national living in the UK. The Appellant has been receiving treatment in the UK for Hodgkins Lymphoma and heart failure: in this regard he further relies on Regulation 8(3) to claim that he is strictly dependent on his aunt for personal care. His illnesses also founded the basis for a submission that his removal from the UK would be a disproportionate interference with his Article 8 rights and a breach of Article 3.

The First-tier Tribunal first considered the Appellant�s case under the Immigration (European Economic Area) Regulations 2006 (�the Regs�). The Tribunal correctly referred itself to the decision in Dauhoo (EEA Regs 8(2)) [2012] UKUT 79 (IAC) . That case clarifies the requirements for an applicant claiming a right of residence as an extended family member. The headnote to that decision reads as follows:

Under the scheme set out in reg 8 (2) of the Immigration (European Economic Area) Regulations 2006, a person can succeed in establishing that he or she is an �extended family member� in any one of four different ways, each of which requires proving a relevant connection both prior to arrival in the UK and in the UK:

It is not necessary, therefore, to show prior and present connection in the same capacity: i.e. dependency- dependency or household membership-household membership ((i) or (ii) above). A person may also qualify if able to show (iii) or (iv).