AA (Algeria) v The Secretary of State for the Home Department
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE SULLIVAN
- LORD JUSTICE DAVIS
- LADY JUSTICE KING DBE
Areas of Law
- Immigration Law
- Administrative Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appeal concerns the appellant's claim for a UK residence card as an extended family member under the 2006 Regulations based on dependency on his brother's Italian spouse. Both the First-Tier and Upper Tribunals dismissed his appeals due to lack of pre-arrival dependency evidence. The Court of Appeal upheld these decisions, confirming that Regulation 8(2) correctly aligns with Article 3.2 of the Citizens' Directive, and dismissed the appeal.
J U D G M E N T
LORD JUSTICE SULLIVAN:
Introduction
This is an appeal against the determination promulgated on 8 May 2013 of the Upper Tribunal (Immigration and Asylum Chamber) dismissing the appellant's appeal against the determination dated 8 January 2013 of the First-Tier Tribunal (Judge Harris) dismissing the appellant's appeal against the Secretary of State's decision dated 8 October 2012 to refuse to issue him with a residence card under the Immigration (European Economic Area) Regulations 2006 ("the 2006 Regulations"). In its determination the Upper Tribunal effectively endorsed the reasoning of the First-Tier Tribunal, so the focus of this appeal is upon the correctness or otherwise of the First-Tier Tribunal's determination.
Facts the appellant was born on 8 July 1991 and is an Algerian citizen. He has a brother, Mr Faouzi Alem{" take out/}, referred to as Mr F Alem in the First-Tier Tribunal's determination. Mr F Alem was born in 1983 and is now 31 years old. Mr F Alem is married to Ms Karima Cherid, an Italian citizen, who is exercising Treaty rights in the United Kingdom.
Before the First-Tier Tribunal, the appellant claimed that, for the purposes of the 2006 Regulations, he was an "extended family member" of Ms Cherid.
The First-Tier Tribunal concluded that in the United Kingdom the appellant was dependent on and a member of the same household as Ms Cherid, so the issue was whether there was dependence on, or membership of the same household as Ms Cherid before the appellant came to the United Kingdom. There was no suggestion that the appellant had ever been a member of Ms Cherid's household prior to his coming to the United Kingdom with his parents in March 2008, so the only remaining question before the First-Tier Tribunal was whether the appellant was dependent on Ms Cherid before he came to the United Kingdom.
The basis of the appellant's claim in that respect was recorded in paragraph 47 of the First-Tier Tribunal's determination:
"The appellant's claim is that shortly after the relationship between his brother and Ms Cherid commenced in the summer of 2007, the appellant became dependent upon Ms Cherid. This was through the transfer of funds to him arranged by his brother. As the appellant only came to the UK in March 2008, this demonstrates the required condition of dependence in a country outside of the UK before arrival here."
The First-Tier Tribunal summarised its response to that claim in paragraphs 48 to 50 of the determina