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The appellants are citizens of Eritrea who were born respectively on 7 January 1977, 12 September 1999, 27 April 2002, 6 January 2005 and 27 September 2007. On 10 July 2012, they applied for leave to enter the United Kingdom as the spouse (first appellant) and dependent children (second, third, and fourth appellants) of Elias Tewolde Tekle, (the sponsor) who had been granted indefinite leave to remain as a refugee in July 2008.
The appellants sought permission to appeal to the Upper Tribunal. That permission was initially refused by the First-tier Tribunal but on 27 August 2013, UTJ Latter granted the appellants permission to appeal to the Upper Tribunal. By that date, the fourth appellant had died and so the appeals before me concerned only the first, second, third and fifth appellants.
Ms Robinson, who represented the appellants, submitted that Judge Grant�s decision could not stand for three reasons.
Secondly, Ms Robinson submitted that the judge had failed to give reasons for his finding that the child appellants had not formed a family unit with the sponsor before his departure but were, instead, living with the first appellant apart from the sponsor.
Thirdly, Ms Robinson submitted that the judge�s findings in respect of Art 8 were perverse, in particular that there was no family life between the appellants and the sponsor.
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