IA016912016 & Ors.

I make an order under r.14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008 prohibiting the disclosure or publication of any matter likely to lead members of the public to identify the minor appellant. For that reason, this anonymity order extends to his parents, the other appellants. No report of these proceedings shall directly or indirectly identify them. This direction applies to both the appellants and to the respondent and all other persons. Failure to comply with this direction could lead to contempt of court proceedings.

For the Appellant: Mr S Khan, of Counsel, instructed by Malik & Malik Solicitors.

The issue in these appeals is whether Judge of the First-tier Tribunal R Hussain materially erred in law in his consideration of the Article 8 claims of the appellants. They had appealed to the First-tier Tribunal against decisions of the respondent dated 17 March 2016 (in respect of the first appellant) and 29 January 2016 (in respect of the second and third appellants) by which he refused their applications for leave to remain on the basis of Article 8. The judge dismissed the appeals.

The appellants are nationals of India. The first appellant is the wife of the second appellant. They were born, respectively, on [ ] 1983 and [ ] 1977. The third appellant is their son, born in the UK on [ ] 2009.

As at the date of the application for leave to remain, the third appellant was six years old. By the date of the hearing before the judge, he was 7 years 9 months old and had lived in the United Kingdom since birth.