IA201812014 & Ors.

At the appeal before First-tier Tribunal Judge Jackson on 1 December 2014 the appellants were represented by Mr P Thoree, Solicitor; the respondent was represented by Mr S Vaghela, Presenting Officer.

(i) Paragraph R-LTRPT.1.1(d) required as a condition of obtaining leave as a parent, a person to satisfy paragraph E-LTRPT.2.3 in addition to paragraph EX.1. As paragraph ELTRP.2.3 require the person to have sole responsibility for a British citizen or settled child, as the care of the children is shared between them, they could not meet this requirement even if paragraph EX.1 was met.

(ii) The Secretary of State did not undertake anything more than a cursory assessment of the children's best interests [48] which was not, in light of TO and Others (section 55 duty) Nigeria [2014] UKUT 517 (IAC) sufficient to meet the duty upon her to do so but that it was not appropriate to allow the appeal outright as an assessment of the Immigration Rules was required to determine the appeal and the First-tier Tribunal was able to undertake the assessment of best interests;

(iii) It was in C's best interest to remain with her parents and within the family unit and, if all else was equal (which it was not), it would be in her best interests to continue her education in the United Kingdom [50];

(iv) The best interests of C were a primary but not a paramount consideration [51] and that although not culpable for her parents' actions neither she nor her parents nor until recently her brother had any right to remain in the United Kingdom and when the previous application and appeal failed they did not comply with the findings and return to Ecuador [51];