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For the Respondents: Mr D Byrne, Advocate, instructed by Drummond Miller, Solicitors
This determination remakes the decisions in the appeals brought to the First-tier Tribunal by Muhammed Sibtain and Muhammad Hasnain (�the claimants�) against decisions of the Entry Clearance Officer at Islamabad (�the ECO�) dated 5 th and 6 th June 2013.
The decision by Upper Tribunal Judge Dawson dated 5 th and issued on 11 th September 2014 should be treated as an appendix to this determination. It explains why the determinations of First-tier Tribunal Judge Lea have been set aside for error of law. For avoidance of delay, a transfer order was made for the hearing of the appeals in the Upper Tribunal to be completed by a judge other than Judge Dawson.
A decision which separates parents from children is unusually stark and rarely proportionate: EB (Kosovo) [2009] 1 AC 1159 at paragraph 12.
The ECO and the Tribunal cannot proceed on the footing that UK spouses and children should leave the territory of the European Union to maintain their family life: Sanade [2012] UKUT 48 (IAC) .
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