OA200022013

The appellant is a 22 year old citizen of Sri Lanka born on 22 August 1992. He has appealed, with permission, against the decision of First-tier Tribunal Judge Rhys-Davies who, in a decision promulgated on 12 November 2014, dismissed his appeal against the Entry Clearance Officer�s refusal to grant him entry clearance for settlement in the UK under the Family Reunion provisions of the Immigration Rules. The appellant�s sponsor is his father Mr Shanmugarasa Thambiayah who has refugee status in the UK.

In granting permission to appeal on 28 January 2015 First-tier Tribunal Judge Osborne noted that the appellant could not succeed under the Immigration Rules on substantive grounds but indicated that it was arguable that, in considering the appellant�s claims under Article 8, the judge had applied the wrong or inappropriate test by considering whether or not the refusal was �unjustifiably harsh� as opposed to whether it was disproportionate in all the circumstances of the case.

On 6 February 2015 the Secretary of State responded under Rule 24. It was submitted that the appellant had conceded at the First-tier Tribunal hearing that he could not meet the requirements of the Immigration Rules but that the judge�s findings in respect of Article 8 were sustainable.

Mr Turner went on to submit that there had been no clear analysis of the competing balances on the question of proportionality. It was accepted by the Respondent that the family had all lived together in Sri Lanka. The purpose of the Family Reunion policy is for families to stay together and the fact that the sponsor is a refugee means that he could not visit the appellant there. Nor had the judge considered at all the impact of the refusal on other family members as required by the House of Lords� decision in Beoku-Betts .

In reply the Presenting Officer submitted briefly that the judge had given adequate reasons for refusing the application under Article 8 and it was not necessary for him to quote specifically the relevant case law.