OA174822013 & OA174832013

The appellants appealed against the decision of the ECO and their appeal was dismissed by the First-tier Tribunal. Deputy Upper Tribunal Judge Mailer found that the First-tier Tribunal had made a material error of law and set aside the decision to dismiss the appeals. The error of law decision reads as follows:

�32 I am satisfied that the First-tier Tribunal Judge has not adequately engaged and applied the current legal considerations and jurisprudence relevant to the issue of whether family life in this case existed between the appellants, the sponsor and his family in the UK.

The correct approach has been to move on from the earlier case law requiring that it be demonstrated that more than the usual normal emotional ties existed.

Moreover, the finding that no weight whatsoever should be given to the historic injustice in the context of the proportionality assessment appears to be contrary to the dicta in Ghising , supra. Finally in maintaining that on discharge, the sponsor most certainly would not have applied for settlement in the UK with their mother and their children, the Judge did not properly take into account the relevant evidence given by the sponsor himself�.

The sponsor has memory loss as a result of the accident and it now appears that he has developed dementia. I took into account a letter handed to me by Mr Collins to from Fentons Solicitors to Dr Cockerell which refers to a report of Dr Cockerell�s in which he states that the sponsor suffered a relatively minor head injury as a result of the incident and that he is now fully dependent on his family for his care needs and there is a possibility that he has dementia which was probably caused by the incident although this is not definite.