UI2024000102

              To avoid confusion, we shall refer to the parties as they were before the First-tier Tribunal i.e. to Samuella Sarpong as the Appellant and the Secretary of State of the Home Department as the Respondent.

              This matter concerns an appeal against the Respondent's decision letter of 21 June 2023, refusing the Appellant's application made under the EU settlement scheme (EUSS).

              The Appellant is a national of Ghana born on 4 March 2023. Her claim is made on the basis that she is a family member of an EEA national under the EUSS, specifically that she is the granddaughter of Mr Kofi Kyeremateng Dapaah ("the Sponsor") born on 22 June 1962 of Italian nationality. The application said that the Sponsor entered the UK on 1 July 2017 and provided the Appellant with financial support of £50 a month.

              The Respondent refused the Appellant's claim on the basis that she had not proved, pursuant to rules EU11 and EU14 of the EUSS, that she is a 'family member of a relevant EEA citizen' as defined in Appendix EU (Family Permit) of the immigration rules. Whilst it was not disputed that the Appellant was the Sponsor's grandchild, the Refusal Letter said that this in itself was insufficient for the requirements of the relevant immigration rules given the definition of family member contained therein.

              The appeal was heard by First-tier Tribunal Judge Hosie ("the Judge") at Hatton Cross on 26 of January 2023, after which the Judge allowed the appeal in her decision promulgated on 22 November 2023.