Alin Nicolae v The Secretary of State for the Home Department

Facts

The appellant, Alin Nicolae, appealed against a decision of the Secretary of State for the Home Department made on 23 October 2024 refusing her application under the EU Settlement Scheme. The appellant had made three successive applications as a Joining Family Member. The first, made on 4 June 2023 naming Gigi Nicolae as sponsor, was refused on 30 August 2023 because insufficient evidence had been provided of residence in the United Kingdom and no evidence of dependency upon the named sponsor; no appeal was lodged. The second, made on 17 December 2023 naming Robert Nicolae as sponsor, was refused on 9 April 2024 because no evidence had been provided of the claimed family relationship with the sponsor and none of dependency; again no appeal was brought. The third application, made on 10 June 2024, again named Robert Nicolae as sponsor, and it was its refusal that came before the First-tier Tribunal. Between 1 October 2024 and 15 October 2024 the respondent made several attempts to obtain further evidence from the appellant — by telephone and email on 1 October 2024 and by email and text message on 15 October 2024 — seeking evidence of both the claimed family relationship and dependency, to which no response was received. The appellant had originally asked for a decision without an oral hearing, but a Judge determined that she should be afforded a further opportunity to attend.