Tuesday 5th July 2022
Appeal against the decision of the Upper Tribunal Immigration & Asylum Chamber dated the 11 March 2021. The Appellant, an Indian national, appealed the refusal of an application for a residence card as an extended family member, a nephew, of an EEA national exercising Treaty rights in the UK. The First Tier Tribunal found that the Appellant had not established a need for financial support from the EEA sponsor in order to meet his essential needs or that those essential needs could not be met without the EEA sponsor’s support.
The Upper Tribunal found that a global assessment of dependency is required and rejected the Applicant’s argument that, because the EEA sponsor paid for one aspect of the Applicant’s need, education, dependency was established. It was not accepted that education is an essential need, as argued by the Applicant.