Case No. UKUT-00593-(IAC)

5. The Secretary of State’s reasons for refusing the Appellant’s application were formulated in the following terms: “ It is noted that your sponsor … is a British citizen and thus not an EEA national as claimed. This therefore means that you have no basis of application under the [EEA Regulations] as you have failed to provide evidence that you are the family member of an EEA national. … In addition to the above, it is noted that you have failed to provide any evidence of your dependency and/or residence with your sponsor prior to entering the United Kingdom pursuant to regulation 8(2)(a). ” The decision also articulates the following omnibus reason for refusal: “ Your application is therefore refused under regulation 8(2) .. as you have not provided evidence that you are the relative of an EEA national. ” As these passages indicate , the decision maker viewed the Appellant’s application exclusively through the lens of the EEA regulations. Notwithstanding the invitation in the Secretary of State’s application form to seek a residence card under the “Surinder Singh” route, there is no mention of this decision and no recognition of any such route in the determination. We shall revisit this issue presently.