Wednesday 1st December 2021
Second appeal. National of Bangladesh. Refusal to issue residence card sought under Regulation 17(4) EEA Regulations 2006 as an extended family member of an EEA national (her maternal Uncle). The Uncle is Italian. The sponsor had been a national of Bangladesh and moved to Italy in 1989. He came to the UK in 2012 or 2013 and acquired Italian citizenship in 2010 after the applicant had entered the UK earlier that year.
The FTT and UT dismissed the appeal placing weight on Moneke. The UT distinguished Lassal and Ziolowski and Szeja as not relevant. Moneke did not add an additional temporal requirement but reflected the fact that the regulations and Directive are only engaged by somebody becoming an EEA citizen.