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The hearing of this appeal first came before the Upper Tribunal for hearing on 22 July 2015. In a decision of the same date the Upper Tribunal found that First Tier Tribunal Judge Andonian had erred materially in law and adjourned the appeal for a resumed hearing on 20 August 2015. The error of law decision and reasons are appended to this decision.
Article 3(2)(a) of Directive 2004/38/EC and Regulation 8(2)(a) of the Immigration (EEA) Regulations 2006 make provision for the rights of movement and residence of other or extended family members of an EEA national.
"i. A person claiming to be an OFM under Article 3(2) of Directive 2004/38/EC may either be a dependant or a member of the household of the EEA national: they are alternative ways of qualifying as an OFM.
ii. In either case the dependency or membership of the household must be on a person who is an EEA national at the material time. For this reason it is essential that tribunal judges establish when the sponsor acquired EEA nationality.
iii. By contrast with Article 2(2) family members, an OFM must show qualification as such before arrival in the United Kingdom and the application to join the EEA national who is resident here.
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