[2024] UKUT 00064 (IAC)

MD and Others (‘joining’ – Appendix EU Family Permit) Ghana

Heard at Birmingham Civil Justice Centre

THE IMMIGRATION ACTS

Promulgated on 26 January 2024

Before

UPPER TRIBUNAL JUDGE MANDALIA

Between

Secretary of State for the Home Department

Appellant

and

(1) MD

(2) MSD

(3) JD

(ANONYMITY DIRECTION MADE)

Respondent

Representation

For the Appellant: Mr P Lawson, Senior Home Office Presenting Officer

For the Respondent: Mr M Marziano, Westkin Associates

Anonymity

The respondents are children. Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the respondents granted anonymity. No-one shall publish or reveal any information, including the name or address of the respondents, likely to lead members of the public to identify them. Failure to comply with this order could amount to a contempt of court.”

The word ‘joining’ in paragraph FP6.(1)(d) of Appendix EU (Family Permit) means that the applicant is being united or reunited with the relevant EEA citizen within six months of the date of the application. It is not sufficient for the applicant to establish travel to the UK to join the relevant EEA citizen or their spouse.

Decision and Reasons