IA223712014 & Ors.

The decision of UTJ Chalkley provides a helpful summary of the background to this case, which is suitably anonymise:

"2. The [claimants] are all nationals of Pakistan and members of the same family. The first named [claimant] was born [in] 1993. His wife, the second named respondent, was born [in 1997]. Their daughter, the third named appellant, AN, was born in [early] 2001, the fourth respondent, DN, was born [in late 2003] and the fifth appellant, IN, was born [in late 2006].

The first [claimant] entered the United Kingdom in October 2003 as a student and the second, third and fourth [claimants] entered the United Kingdom as dependants of the first [claimant] in July 2006. The fifth [claimant] was born in the United Kingdom.

The [claimants] lodged an application for leave to remain outside the Rules in May 2013. That application was refused, initially with no right of appeal, but following the commencement of judicial review proceedings, the Secretary of State agreed to reconsider the cases, taking into account Section 55 of the Borders, Citizenship and Immigration Act 2009 and the Immigration Rules.

The [SSHD] refused the application on 2 nd May, 2014 for the first, second, third and fourth [claimants]. The [SSHD] noted the [claimants'] immigration history and considered the parent route and EX.1 and Appendix FM(1) of the Immigration Rules. It was acknowledged that the third and fourth [claimant] had lived in the United Kingdom continuously for more than seven years, but it was contended that it was not unreasonable for them to leave the United Kingdom as a family unit.