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Five Family Appeals Allowed After an Unsupported Accusation
We challenged an unsupported allegation about transfer documents and connected the family’s financial support with their actual household needs.
Immigration Appeal
United Kingdom
Mr. I. and family
2022
Executive summary
Mr. I. and his family relied on support and accommodation provided by a relative. Their refusals referred to an earlier false-document allegation. After directions requiring the Home Office to justify it, the allegation remained unsupported. The tribunal accepted the dependency evidence and allowed all five appeals.
The factual background
The historical EEA family-permit applications concerned a household receiving essential financial support and housing from a family sponsor. The evidence included remittances, expenditure and the circumstances explaining that support.
An earlier accusation concerning money-transfer documents became a disputed issue in the appeals. At an earlier hearing, the tribunal directed the Home Office to justify the allegation or provide supporting evidence.
The issue at the heart of the case
The family needed to answer the accusation without allowing it to obscure the positive evidence of dependency. The tribunal’s directions provided a clear framework for testing whether the allegation could be substantiated.
The Home Office did not provide the evidence required to substantiate its allegation. The judge rejected it as unproved.
How the matter was approached
Focus on the directions
We kept the accusation tied to the evidence the respondent had been directed to produce.
Connect income and needs
The family’s remittances were considered alongside household expenditure and their wider circumstances.
Explain accommodation
Housing support formed part of the practical dependency picture.
Present a coherent account
The sponsor’s evidence and the supporting documents were considered together.
The result and its limits
All five family appeals were allowed.
The determination signed on 5 May 2022 and promulgated on 9 May 2022 allowed all five appeals. The tribunal also made a full appeal fee award.
This outcome concerns historical EEA appeals and an unproved document allegation. It does not show that a current re-entry ban was removed or that every legal cost was recovered.
What this case illustrates
Use procedural directions
Directions can focus attention on the evidence needed to sustain an allegation.
Show the whole dependency picture
Remittances, household costs and accommodation should be understood together.
Separate findings from assumptions
An accusation in a refusal letter is not itself a proved fact.
Client names and identifying details have been withheld. This account is based on tribunal determination reviewed. Where the result could not be verified, that limitation is stated. Historical rules may differ from those applying today. Past results do not guarantee a future outcome.
Five appeals allowed
Tribunal determination reviewed
Mr. I. and family
2022
Immigration Appeal
ST-039
Ban / Deception / Re-entry Ban
SD-012 · DB-025
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Anonymised historical matters. Individual results vary. These summaries are information about past work, not advice on a new case.