please help with dismissed appeal for family permit

[ls9bg]

Hi
Please see the reasons judge gave for refusing the family permit for my mother in law. She is a non EU direct family member and I am a qualified person. The issue taken is with the dependency and from what I know is that it is financial dependency. I believe there has been error in law but could confirm my belief with someone's expert advise. I want to apply to upper tribunal for my mother in law because there is a lot of speculation by the judge for her decision.

"Findings and facts:
I find that the appelant is a widow living in India in her own property. There is no evidence that her husband died intestate. I find that she has not shown on the balance of probabilities that she has no assets in India. The appellant’s husband was a Jewellery shop proprietor and the two sons are now in jewellery business. I fins on the balance of probabilities that the appelant has assets in India which she has not referred to in her application form and that it is reasonable expectation that she will be assisted by her sons who have taken over the business.
I do not accept that she is in poor relationship with her sons as claimed. her telephone call logs show calls to another number which I find on the balance of probabilities to be of a close family member(This is incorrect because she understood my wife's number to be of my mother in law). I find on the balance of probabilities that she has not shown that around the time of application her daughter married the EEA national that she became necessity dependent upon the daughter. I find on probabilities that there is support available in India from her sons and from other assets and that her claimed dependency upon her daughter is one of choice and not from necessity (Please read LIM case as the dependency of choice was allowed by the judge, not to say that it is a matter of choice for my mother in law) and that the dependency is contrived to take advantage of the eea route and to circumvented regular immigration rules. My reasons for finding this is that whilst the daughter claimed that there has been a family breach between herself and the brothers as the bothers were not supporting the mother as they should, she sent money out to brother in 2014. this action is inconsistent with the claimed breach. Further no regular remittances were sent until the marriage with the EEA National. This is despite daughter claiming to earn large amounts. The timing od the dependency and the remittances are as such that I find it to be contrived.

I find that there is no documentary evidence provided to support the claimed dependency in 2017. No up to date bank statements, contacts or objective evidence of a large income as claimed has been provided. I do not accept that oral evidence of the daughter unsupported by any documents shows on the balance of probabilities that either financial or emotional dependency exists. I fins that the daughter's evidence exaggerates a rift in the family and the affidavits by sons are self-serving and one son has not provided any evidence of recent income.
For these reasons I find that the appelant has not shown that the at the date of the hearing (is this important?) she is dependent upon the eea family. I find daughter’s claims to be self serving and I can not rely upon them. It is for the appelant to show dependency as a matter of fact at the date of hearing and she has not done this. I accept that the funds were sent out in 2016 but I find them as such that they were to facilitate an application via the eea regulation and was contrived."

Please advise on any errors the judge has made here based on the EEA Family permit route so we can take it to the upper tribunal.

[CR001]

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