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In this appeal, for ease of reference, I shall refer to the Secretary of State as �the Respondent� and Mr Zaryab Tasaddiq, Mr Khasham Mahmood and Miss Alishba Tasaddiq as �the Appellants�.
The Appellants are citizens of Pakistan. They are the minor children of Tasaddiq Mahmood, a Pakistani national who is currently in the UK with limited leave to remain �the Sponsor�. They applied for entry clearance to join their father who at the date of their applications, had limited leave to enter the UK only.
The Entry Clearance Officer who dealt with the Appellants� applications refused them, on the sole ground that he could not be satisfied that the sponsor had sole responsibility for their upbringing Paragraph 301(i)(b) of the Immigration Rules. The Sponsor and the Appellants� mother separated in 2008. She remains in Pakistan. The Sponsor left Pakistan on 22 nd February 2012 in order to join his present wife in the United Kingdom, leaving the Appellants in the care of his brother.
The Appellants� applications were refused on 21 st November 2012 and following those refusals, the Appellants appealed to the First-tier Tribunal.
The First-tier Tribunal in a determination promulgated on 17 th March 2014 allowed the appeals of all three Appellants making favourable findings, not under the sole responsibility Rule but under Paragraph 301(c). The relevant finding is contained in paragraph 22 of the First-tier Tribunals determination wherein the Judge says,
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