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This is an appeal by Surendra Gurung and Suraj Kumar Gurung against the decision of the First-tier Tribunal promulgated on 2 January 2014 which refused their appeal against the determination of the Secretary of State for the Home Department not to grant them leave to enter the United Kingdom as the dependants of Bel Bahudur Gurung.
In addition, the Secretary of State introduced a policy outside the Rules under which Gurkhas were permitted to settle in the United Kingdom even if they had been discharged before 1 July 1997 an/or more than two years prior to the date of the application.
Annex A set out part of the discretionary arrangements outside the Rules for former Gurkhas discharged before 1 July 1997; Annex A stated:
Discretion will normally be exercised and settlement granted in line with the main applicant for spouses, civil partners, unmarried and same-sex partners and dependant children under the age of 18.
Children over the age of 18 and other dependant relatives will not normally qualify for the exercise of discretion in line with the main applicant and would be expected to qualify for leave to enter or remain in the United Kingdom under the relevant provisions of the Immigration Rules, for example under paragraph 317, or under the provisions of Article 8 of the Human Rights Act. Exceptional circumstances may be considered on a case by case basis��.�.
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