UI2022005500 & UI2022005502

              This is an appeal against the determination of First-tier Tribunal Judge Cas O'Garro, promulgated on 23 rd August 2022, following a hearing at Hatton Cross on 18 th July 2022. In the determination, the judge dismissed the appeal, whereupon the Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

              The Appellants are nationals of Nepal and are siblings, and the children of a former Ghurkha. The first Appellant was born on 9 th September 1972 and the second Appellant was born on 20 th March 1984. They applied for entry clearance to come to the United Kingdom as the adult children of their sponsoring father, Mr Budhi Man Rai, who was granted a settlement visa as a former Ghurkhas in the UK in 2019.

              The essence of the Appellants' claim is that they are single, living in their sponsoring father's house in Nepal and relying upon him for financial support, as they do not work in Nepal. They are in regular contact with him by telephone and they have even been visited by their sponsoring father of the UK. Thus, they have a family life with their sponsoring father, as they were part of the family unit of their father before he left Nepal to settle in the United Kingdom (see paragraphs 8 to 9 of the determination).

              The judge went on to say that "the appellants are both over the age of 30 and at their ages it is expected that they would be working and leading independent lives" (paragraph 33).

              This is despite the evidence from the first Appellant in his statement: "that work is limited and the reward for working is not enough" (paragraph 34). In the end, the judge concluded that,