IA226292014 & ors

Although three of the appellants are children and facts in the appeal touch on their welfare the details are very general and we no need for, and do not make, any order restricting publication of any of the details of this case.

The five appellants in this case are members of the same family; the first two appellants are married to each other and the other three appellants are their minor children. We remind ourselves of the age of the children. They are aged 14 years, nearly 11 years and nearly 8 years and they have all lived in the United Kingdom for more than seven years. The first four appellants arrived in 2006. The fifth appellant was born in the United Kingdom.

The First-tier Tribunal has lent itself to criticism by dealing rather briskly with the rights of the children and by not making clear findings in respect of each child and explained why in its judgement, notwithstanding the need to promote the best interests of the children, the appeal should be dismissed. This is not by any means necessarily a fatal failing. For reasons we go on to explain it has made no difference in this case but it is this failure which has attracted criticism and is something that the judge might want to think about in future determinations.

Ms Bremang has seized on this point and politely, but firmly, has made all that can be made of it and we have reflected on what she has to say. We are not persuaded that there is any material error here.

Ms Bremang suggested that the children were at a critical stage in their education. We do not accept that. They are the ages they are but this is not, for example, as case where an appellant was only a few weeks away from sitting public exams.