UI2022004516 & UI2022004517

The Appellants are nationals of Nepal, born on 27 November 1978 (Rabindra) and 25 March 1986 (Bimala) and are sisters. Their father, Siri Prasad Garbuja Pun was formerly a Gurkha in the British armed forces from 23 January 1957 to 4 November 1968. On 23 January 2012 he and the Appellant's mother came to the UK for settlement but the Appellants remained in the family home in Nepal. The Appellants sought entry clearance on 29 September 2020 and these applications were refused in decisions dated 24 November 2020.

The appeals came before the First tier Tribunal Burnett for hearing on 10 January 2022. In a decision and reasons dated 25 February 2022 the appeals were dismissed.

The Appellants sought permission to appeal to the Upper Tribunal, in time on 20 March 2022. Permission to appeal to the Upper Tribunal was refused in a decision dated 11 May 2022 and renewed grounds of appeal were lodged on 1 July 2022, which asserted that the Judge:

(i) made erroneous findings as to the available evidence eg with regard to seasonal work and unchallenged evidence of Sponsors at [18] that the A's were reliant on money from their parents to meet their needs;

(ii) took irrelevant matters into consideration and set the bar too high by requiring a level of evidence that is not actually necessary to meet the modest threshold for engagement with article 8 of ECHR;