UI2023003315

               Judge Joshi found that at the date of the Appellant's application in 2022 his father was married to Mrs Showemimo, who was the Appellant's stepmother. It was not in dispute that the Appellant was under 21, so that dependency was presumed. The judge allowed the appeal.

               Permission to appeal was granted by Judge Dempster because it was considered arguable that the First-tier Tribunal Judge had misdirected herself. The date of the marriage of the Respondent's father and Mrs Showemimo was immaterial, as it was after the specified date. Thus it was arguable that the Appellant did not meet the relevant definition of child as a category of family member of a relevant EEA national in Annex 1 of the Appendix EU (Family Permit) to the Immigration Rules.

               Mr Showemimo, speaking on the Respondent's behalf, said that he and Mrs Showemimo had wanted to marry prior to the specified date but that had been impossible because of the disruption caused by the Covid 19 lockdowns. They had married as soon as they were able. He was still waiting for the outcome of his request for administrative review following the refusal of his own EUSS application.

               The relevant definitions from Annex 1 of Appendix EU (Family Permit) to the Immigration Rules which apply are as follows:

(a)    the direct descendant under the age of 21 years of a relevant EEA citizen (or, as the case may be, of a qualifying British citizen) or of their spouse or civil partner;