UI2022006696 & UI2022006697

              The appellants appeal with permission against the decision of First-tier Tribunal Judge Seelhoff promulgated on 13 October 2022.

              The appellants are nationals of Nepal born on 01 January 1976 and 25 August 1984 respectively. The appellants are brothers and, on 14 January 2021, they made applications to join their mother, who was admitted to the UK as the widow of a Gurkha in December 2016. The ECO refused the applications on 17 April 2021 and 9 April 2021 under the adult dependant relative provisions of the Immigration Rules and under Article 8 of the ECHR outside the Rules.

              It is contended in ground one that the judge erred in failing to consider relevant documentary evidence in the appeal. It is contended that the judge failed to have regard to the appellants' supplementary bundle of 15 pages which was uploaded on 6 October 2022 and contained 10 pages of call logs. It is contended that, given the judge's findings that there is almost a complete lack of contact, this error is material.

              It is contended in ground two that the judge erred in his approach to family life under Article 8 in that he accepted that the sponsor financially supports the appellants but appeared to also require evidence of emotional support in order to demonstrate family life between adult family members within Kugathas v the Secretary of State for the Home Department [2003] EWCA Civ 31 .

              Permission to appeal was granted on the basis sought.