UI2024000868 & Ors [2025] UKAITUR UI2024000868 (6 March 2025)

UI2024000868 & Ors [2025] UKAITUR UI2024000868 (6 March 2025)

The appellants established both prior and present dependency on the EEA sponsor, with remittances necessary to meet their essential needs in Pakistan and sufficient resources available for their residence in the UK; thus, they qualify as extended family members under Regulation 8 of the Immigration (European...

Source-derived case information.

Citation
[2025] UKAITUR UI2024000868
Parties
Appellant: Saima Naeem; Appellant: Naeem Naeem; Appellant: Fatima Iqbal; Appellant: Bisma Iqbal; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
06 March 2025
Procedural Posture
Immigration Appeal / Remaking of Decision After Prior Tribunal Decisions Set Aside
Outcome
appeals allowed
Legal Topics
EEA Family Permits, Dependency, Extended Family Members, Citizens' Rights Directive, Prior and Present Dependency
Immigration European Union Law EEA Family Permits Dependency Extended Family Members Citizens' Rights Directive Prior and Present Dependency

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Parties

Saima Naeem

Appellant

Naeem Naeem

Appellant

Fatima Iqbal

Appellant

Bisma Iqbal

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Remaking of Decision After Prior Tribunal Decisions Set Aside

Legal Issues

  1. 1 Whether appellants qualify as extended family members under Regulation 8 of the Immigration (European Economic Area) Regulations 2016
  2. 2 Whether appellants were dependent on the EEA sponsor at the date of application
  3. 3 Whether present dependency is established for purposes of EEA Family Permit

Ratio Decidendi

The appellants established both prior and present dependency on the EEA sponsor, with remittances necessary to meet their essential needs in Pakistan and sufficient resources available for their residence in the UK; thus, they qualify as extended family members under Regulation 8 of the Immigration (European Economic Area) Regulations 2016 and their appeals are allowed.

Court Disposition

appeals allowed

Orders

  • Decision of First-tier Tribunal dated 20 October 2023 set aside.
  • Appeals of all four appellants remade and allowed.