VA139622013

For the sake of convenience I shall refer to the appellant as the entry clearance officer and the respondent as �the claimant.�

The claimant is the child of Mrs Farida Chowhury. Both are Bangladeshi nationals. They appealed against the decision of the entry clearance officer dated 9 th June 2013 refusing their application for an entry clearance to the UK as visitors for a three week period, in order to meet his uncle, aunt and cousins.

His mother's appeal was allowed by the First-tier Tribunal Judge in a determination promulgated on 7 th August 2014. The claimant's appeal was also allowed. The Judge recognised that his appeal was restricted to Article 8 issues, and found that it had been properly raised. He found that it was �really important that this young child is able to see his uncle and aunt and indeed his young cousins and that can clearly only happen at the present time if this visit is permitted to take place.� [29]

He furthermore stated at paragraph 30 that he has always understood that young children will always be able to accompany an adult in these kinds of family circumstances without even making an application themselves. He stated at paragraph 31 that �if indeed the child appellant only has a valid Article 8 appeal, I cover that in my decision but trust that the respondent will take a sensible view in any event as the appeal of the adult appellant has been allowed.�

Mr Kandola relied on the entry clearance officer's grounds. It is clear that the claimant only had a limited right of appeal (that is not disputed). The Article 8 claim had not been raised in the grounds of appeal, or in the skeleton argument before the First-tier Tribunal.