Budhathoki (Reasons for decisions) (2014) UKUT 00341 (IAC)
Summary of the case – This was an appeal by the Home Office against a decision of the First Tier Tribunal, where the Judge found in favour of the appellant, held that she was the dependent family member of her European national daughter in law and non European national son, and that the Home Office were wrong to refuse her a Residence Card. This would mean that she was entitled to stay in the UK living with her family.
The facts of the case – The case was about the mother (who was the appellant in this case) of a son who was not a European national, married to a European national.
The couple were living in the UK and her daughter in law was working here. Mother came to the UK to visit three times, and on the third time made an application to stay in the UK under the 2006 EEA Regulations on the basis she was dependent on her family here. That application was refused and she appealed.
The Judge accepted that mother owned a house and land in Nepal and that this did not provide her with an income. He also accepted that her son and daughter in law had been sending her money since 2007 and she relied on this money to live.
The Judge found the dependency was genuine and allowed the appeal.
The Home Office appealed the decision saying the Judge had failed to explain what evidence he had relied on to make those findings, or to give reasons for those findings.
The property in Nepal had been described in her visa application as extensive and valuable, but in the hearing she said it was dilapidated. There had also been a gap of over a year in remittances being sent to mother.
The Tribunal upheld the Home Office’s appeal and remitted it back to the Tribunal for a fresh decision.
Point of law established by the case – First Tier Tribunal decisions to not have to go over every issue or detail in the case, but Judges do need to identify and resolve key conflicts in evidence and explain in brief and clear terms their reasons for preferring one case to another, so the parties understand why they have won or lost.
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