UI2023004946 & Ors

             The Appellants are sisters, all nationals of Ghana who seek family permits to enter the United Kingdom to join Mr Martin Frimpong, a national of the Netherlands with settled status, whom they claim to be their father. The Respondent refused their applications on the 23 rd January 2023 and on the 16 th October 2023 the First-tier Tribunal (Judge Rothwell) dismissed their linked appeals. The Appellants were granted permission to appeal on the 20 th November 2023.

             The Appellants submit that the Tribunal erred in two respects in its decisions about the birth certificates. I take each ground in turn below.

             A further issue arises in respect of the first Appellant, Matilda, who was not a minor at the date of application and so is required to establish dependency upon her claimed father in order to qualify. As the parties agreed before me, this ground stands and falls with the challenge to the reasoning on the birth certificates, since it is fair to say that having found as she did, Judge Rothwell did not really address the point.

             The Appellant submits that the Tribunal failed to have regard to the definitions contained in Appendix EU in respect of 'evidence of birth'. The definitions section contained in Annex 1 states:

"Evidence of birth: (a) (in the case of a child) the full birth certificate(s) or other document(s) which the Secretary of State is satisfied evidences that the applicant is the direct descendant of (or otherwise a child of) the relevant EEA citizen (or, as the case may be, of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner,.......'