IA004632014

The Appellant is a citizen of Philippines born on 6 th August 1971. She appealed against a decision of the Respondent dated 10 th December 2013 to refuse to grant her a derivative right to reside in the United Kingdom pursuant to Regulation 15A of the Immigration (European Economic Area) Regulations 2006 (�the 2006 Regulations�) (a derivative residence card). The Appellant argued that she was the primary carer of her mother, Tinsley Tinsley, born 20 th May 1949, a British citizen (�Mrs Tinsley�).

The Appellant entered the United Kingdom on 18 th May 2001 on a visit visa valid until 7 th June 2001. Her leave was extended, inter alia, to enable her to obtain private medical treatment until 3 rd January 2003. On 29 th August 2003 the Appellant sought a work permit which was refused on 12 th February 2004. She had no leave thereafter but made the present application on 30 th January 2013, the refusal of which on 10 th December 2013 has given rise to these proceedings.

The Appellant adopted her statement in which she outlined the care she provided for her mother who is now 64 years old. Mrs Tinsley had undergone surgery for breast cancer in September and December 2012. She enjoyed a good quality of life despite her medical condition because of the assistance given by the Appellant. The Appellant prepared her mother�s meals in accordance with her dietary needs and was her only companion.

Explaining the discrepancy over the addresses she said that the address in the Romford, Essex area was the residence of a close family friend of her mother. They had both been invited to spend some time there. When her mother fell ill she informed her solicitors of the Romford address and was uncertain as to how long they would spend there. In 2014 the landlady of the premises at Valetta Road had agreed to the Appellant being joined on the tenancy agreement.

In cross-examination the Appellant told the Judge that neither she nor Mrs Tinsley had approached Social Services to ascertain the availability of care for the Appellant�s mother. If the appeal failed the Appellant�s mother would have to return to Philippines with the Appellant. Social Services could not provide the level of care required such as cooking, cleaning, dressing and administration of medication.