OA234712012 & OA234732012

The Appellants are husband and wife aged 75 and 70 respectively and citizens of India. They made applications to the Entry Clearance Officer for leave to enter the UK as the adult dependent relatives of their son, a British citizen. The Entry Clearance Officer refused the applications and the Appellants appealed to the First-tier Tribunal.

The appeals came before Judge Callender Smith at Taylor House on 10th September 2013 and in a determination promulgated on 17th September 2013 the Judge allowed the appeals under the Immigration Rules.

The Entry Clearance Officer has been granted permission to appeal to the Upper Tribunal. The grounds upon which permission was granted accept the Appellants� need for long-term care but assert that the Judge did not adequately assess the possibility that such care is available in India. The Judge's findings that the suggestion that care could be provided in India "ignores the familial and cultural bonds and expectations that exist in this situation" ignores the requirements of E-ECDR2 .5.

The application was made on 19th July 2012 and so fell to be decided under Appendix FM. The relevant requirements are contained in section E-ECDR of Appendix FM. The particular part that the Entry Clearance Officer suggests the Judge did not deal with is E-ECDR.2.5 which requires:-

"The applicant or, if the applicant and their partner are the Sponsor's parents or grandparents, the applicant's partner, must be unable, even with the practical and financial help of the Sponsor, to obtain the required level of care in the country where they are living, because-