UI2024001059 & UI2024001060

              The appellants appeal with the permission of the Upper Tribunal against the decision of First- tier Tribunal (FtT) Judge Devlin (the Judge) promulgated 13 February 2023. The appellants had applied to the respondent for leave to enter the UK as dependent parents of a relevant EEA citizen, Salahuddin Tarakhil (the sponsor), who is a Belgian national. The respondent refused their applications on 22 August 2022.

              In assessing dependence, say the appellants, the Judge came to an irrational conclusion on the appellants' dependency on the sponsor. This was because, say the appellants, the Judge applied the test of whether the appellants were wholly dependent on the sponsor, rather than looking to see if they have proved they are dependent on the sponsor for part of their essential living needs.

              Permission was given on those two grounds, and so the errors of law that I have to assess are:

a.               Ground 1: Failure to put an adverse point to the sponsor;

b.              Ground 2: Irrational conclusion as to the appellants' dependency on the sponsor - that the judge set the bar higher than being partially dependent on the sponsor for their essential living needs.