IA201622015 & Ors.

Anonymity was granted at an earlier stage of the proceedings because the case involves minor children. I find that it is appropriate to continue the order. Unless and until a tribunal or court directs otherwise, the appellants are granted anonymity. No report of these proceedings shall directly or indirectly identify them or any member of their family. This direction applies both to the appellants and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

The appellants entered the UK on 22 October 2011 with EEA family permits, which were valid until 27 March 2012. At the time their mother was the family member (spouse) of an EEA national. She was issued with a residence card in 2010, which was valid until 01 December 2015.

It is unclear what happened to the appeal thereafter but it seems that the Secretary of State was required to reconsider the decision with reference to her duties under section 55 of the Borders, Citizenship and Immigration Act 2009. A further decision was made on 13 May 2015 refusing to grant residence cards "with reference to section 55". The decision seems to have been treated as an appealable decision and a further appeal was lodged indicating that the appellants wanted the appeal to be decided on the papers.

The appellants' representatives state that they made two written requests to the First-tier Tribunal on 24 June 2015 and 29 July 2015 for the appeal to be listed for oral hearing. The appellants produce copies of those letters and certificates of posting. It is not known whether that correspondence was lost in the post or there was an error on the part of the First-tier Tribunal but the case was not listed for hearing as requested. On 30 September 2015 First-tier Tribunal Judge Kanagaratnam dismissed the appeals on the papers.

The appellants appealed on the ground that the decision was procedurally unfair because the appeal was determined without an oral hearing.