UI2023001366 [2023] UKAITUR UI2023001366 (31 October 2023)

UI2023001366 [2023] UKAITUR UI2023001366 (31 October 2023)

The law assumes dependency for a dependent parent applying for a family permit under Appendix EU (FP) after the specified date; therefore, the appeal is allowed without requiring factual proof of dependency.

Source-derived case information.

Citation
[2023] UKAITUR UI2023001366
Parties
Appellant: Ms Admina; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
31 October 2023
Procedural Posture
Immigration Appeal / Remaking of Decision After First Tier Tribunal Error
Outcome
appeal allowed
Legal Topics
EU Settlement Scheme, Family Permit, Dependency Assumption
Immigration Law EU Settlement Scheme Family Permit Dependency Assumption

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Admina

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Remaking of Decision After First Tier Tribunal Error

Legal Issues

  1. 1 Whether dependency must be established for a dependent parent applying for a family permit under Appendix EU (FP) after the specified date

Ratio Decidendi

The law assumes dependency for a dependent parent applying for a family permit under Appendix EU (FP) after the specified date; therefore, the appeal is allowed without requiring factual proof of dependency.

Court Disposition

appeal allowed

Orders

  • The decision of the First-tier Tribunal is set aside.
  • The appeal is allowed under Appendix EU (FP).