OA000652012 & ors

This is an appeal against a determination of First-tier Tribunal Judge Hubball promulgated on 19 th June 2012 in which he dismissed the appellants� appeals against the refusal of entry clearance. They are all minors being born on 23 rd August 1994, 11 th November 1995 and 11 th December 1999 respectively who wish to settle with their mother in the United Kingdom. The date of decision is the 29 th November 2011.

Judge Hubball comments upon the sponsor's immigration history and the evidence made available to him. In paragraph 81 of the determination he finds the sponsor does not have continuing control and direction over the upbringing and the lives of the children or that she has made all the important decisions in their lives. It was found that it is their maternal grandmother who fulfils this role.

In paragraph 87 Judge Hubball he did not accept the appellants are leading independent lives in Zimbabwe as they have been living under the control and direction of the sponsor's mother. The Judge was therefore not satisfied that the appellants met the requirements of paragraphs 297 (i) (e) and (f) of the Immigration Rules. He also dismissed the appeal under Article 8 ECHR.

The appeal is opposed by the ECO who does not accept that the only issue is 297 (i) (d). It is argued in the Rule 24 response that the Judge having concluded the appellants were under the care and control of their grandmother should have concluded they now lived in a family unit independent of their parents and therefore the underlying purpose of paragraph 197 was no longer engaged.

However, following consideration of the issues for the purposes of drafting this document on 12 th June 2013 it appeared appropriate to give the parties an opportunity to make further submissions in light of the issues raised in the grant of permission to appeal. A direction to this effect was sent to the parties and an e-mail response received from Mr Smart on 20 th June 2013 requesting that the matter remains listed for the oral hearing before the First-tier Tribunal on 21 st October 2013. In all the circumstances I accede to this request.