EA005392020 & EA005402020

                  The appellants are nationals of Ghana. They appealed the respondent's decisions of 9 th December 2019 to refuse to issue an EEA Family Permit as the extended family member of an EEA national exercising treaty rights in the UK in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2016 ("the 2016 EEA Regulations"). The appeal was dismissed by First-tier Tribunal Judge Ennals ("Judge Ennals") for reasons set out in a decision promulgated on 30 th June 2021.

                  Judge Ennals heard oral evidence from the appellants' sponsor, Mr Socrates Aboagye and he set out his findings and reasons for dismissing the appeal at paragraphs [10] to [19] of his decision. He was persuaded by the DNA evidence that the appellants are related as claimed to the sponsor. He went on to address whether the appellants are dependent upon the sponsor at paragraphs [18] and [19] of the decision. He said:

                  Permission to appeal was granted by First-tier Tribunal Judge Boyes on 4 th October 2021. The matter comes before me to consider whether the decision of Judge Ennals is vitiated by a material error of law, and if so, to remake the decision.

              Insofar as is material, the expression "extended family member" is defined in Regulation 8 of the 2016 Regulations as follows:

(1) In these Regulations "extended family member" means a person who is not a family member of an EEA national under regulation 7(1)(a) (b) or (c) and who satisfies a condition in paragraph ... (2)...(2) The condition in this paragraph is that the person is -