United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

IN THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER	Case No:   UI-2022-002320 UI-2022-002321 UI-2022-002322 UI-2022-002323 UI-2022-002325 UI-2022-002326 UI-2022-002327   First-tier Tribunal No: EA/04777/2021
	EA/04783/2021

EA/04780/2021

EA/04787/2021

EA/04789/2021

EA/04790/2021

EA/04784/2021

THE IMMIGRATION ACTS

Decision & Reasons Issued:

 

31 ^st January 2024

 

Before

 

UPPER TRIBUNAL JUDGE LANE

 

 

Between

 

Jawairia Shabbir and six others

 

(NO ANONYMITY ORDER MADE)

Appellant

and

 

Secretary of State for the Home Department Respondent

Representation:

 

For the Appellant: Mr Greer

For the Respondent: Mr Tan, Senior Presenting Officer

 

Heard at Manchester Civil Justice Centre on 11 October 2023

 

DECISION AND REASONS

 

1.        The appellants are all citizens of Pakistan. The first appellant, Jawairia Shabbir was born on 18 August 1990. The second appellant, Aqsa Batool has a date of birth 1 January 1998. The third appellant Maria Batool has a date of birth 1 December 1994. The fourth appellant Nadia Batool has the date of birth 25 December 1996. The fifth appellant, Shah Zain Mukhtar has a date of birth 28 September 2019. The sixth appellant Shah Hussain Mukhtar has a date of birth 3 September 2016. The seventh appellant, Mukhtar Hussain as the date of birth 14 January 1984.

 

2.        The first, second, third and fourth appellants are siblings. The fifth and sixth appellants are the children of the first appellant. The seventh appellant is the husband of the first appellant. The first appellant appeals a decision of the Entry Clearance Officer dated 19 March 2021 refusing her an EEA Family Permit as the family member of an EEA national exercising Treaty rights in the United Kingdom. The other appellants were separately refused leave to enter also in March 2021.

 

3.        In a decision promulgated on 24 February 2022, the First-tier Tribunal dismissed the appeals. the appellants now appeal ,with permission, to the Upper Tribunal.

 

4.        At the initial hearing at Manchester on 11 October 2023, the representatives for both parties agreed that the First-tier Tribunal's decision should be set aside, the appeals allowed and the appeals returned to the First-tier Tribunal for determination for the reasons set out in the grounds of appeal and summarised in part in the grant of permission:

 

As pleaded in the Grounds of Appeal, it is at least arguable that the FTTJ has erred in failing to reconcile the finding that the Appellants' sponsor owns and pays for the house in which they live in Pakistan [26 & 27] with the finding that the Appellants are not dependent upon their sponsor to meet their essential living needs [28]. Whilst the FTTJ finds that the Appellants have income from other sources, the FTTJ appears to accept that their essential accommodation needs are met by the Sponsor and dependency is a matter of fact not choice.

 

5.        The appeals are returned to the First-tier Tribunal for that Tribunal to remake the decision following a hearing de novo.

 

Notice of Decision

The appeals are allowed and returned to the First-tier Tribunal for that Tribunal to remake the decision after a hearing de novo. None of the findings of fact of the First-tier Tribunal decision shall stand

 

C. N. Lane

 

Judge of the Upper Tribunal

Immigration and Asylum Chamber

 

Dated: 22 December 2023