IA080302014 & Ors.

The appellants appeal with permission against the determination of First-tier Tribunal Judge Duff promulgated on 26 August 2014 in which he dismissed their appeal against the decision of the respondent of 22 January 2014 to refuse applications for further leave to remain and to remove them pursuant to Section 47 of the Immigration, Asylum and Nationality Act 2006.

The first appellant is a citizen of Bangladesh born on 11 September 1980. She is the mother of the second and third appellants born on 1 October 2003 and 21 November 2004. Both are also citizens of Bangladesh. The husband of the first appellant and father of the second and third appellants was originally a joint appellant (IA/08029/2014) but he returned to Bangladesh in March 2004 and his appeal was subsequently deemed to be abandoned.

The third appellant underwent surgery, chemotherapy and radiotherapy to treat the cancer and is now in complete remission. The treatment he received requires substantial continuing management which, it is said, would not be available in Bangladesh.

The respondent refused the applications pursuant to Appendix FM and paragraph 276ADE of the Immigration Rules.

When the matter came before Judge Duff he heard evidence from the first appellant and submissions from both parties. He also had before him a substantial number of medical reports produced by the appellant�s doctor in the United Kingdom, Dr Campbell-Hewson; Karen Heale, paediatric social worker, Michelle Luke, social worker with the CLIC Sergeant Organisation, Brigadier General Dr Golam Mohiuddin Chowdhury, specialist maxilo-facial surgeon in Bangladesh, and Dr Laura Coulthard, a consultant psychologist at the Royal Victoria Infirmary, Newcastle-upon- Tyne.