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The appellants' appeals against decisions to refuse them entry clearance to join their mother, a refugee in the United Kingdom, were dismissed by a First-tier Tribunal Judge in a decision promulgated on 20 th January 2015. That decision was set aside, as containing material errors of law, in a decision promulgated on 20 th January 2016. The decision came before me on 25 th January this year to be remade. Certain findings of fact made in the First-tier Tribunal, which were not in issue, were preserved.
The critical question, for the purposes of the Immigration Rules ("the rules"), is whether the appellants formed part of their mother's family unit at the time she fled Syria and so fell within paragraph 352D(iv) of the rules.
The appellants' sponsor, Ms Fatima Abdou, gave evidence. I was satisfied that she and the interpreter, Mr A Kachou understood each other in Arabic (Middle Eastern) and they confirmed to me that this was so.
Ms Abdou said that she has many photographs but was only able to obtain copies of the ones she brought along. Her telephone contained a lot of them.
The "WhatsApp" records in the bundle showed telephone contact with her children. She would speak to them every day so long as the internet was available, talking to them until the internet "dropped down". The most recent telephone call was at 3 a.m. on 25 th January 2016 (the day of the hearing). The records showed the names of each of her children and "Fufu", Ms Abdou herself.
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