UI2021001620 & UI2021001621

      The Appellants appeal the decision of First-tier Tribunal Judge Froom (hereafter "the Judge") promulgated on 22 August 2022, in which he dismissed the Appellants' appeals against the Respondent's refusal of their Article 8 ECHR human rights claims.

      Permission to appeal was initially refused by First-tier Tribunal Judge Athwal on 17 October 2022 before being granted by Upper Tribunal Judge O'Callaghan on 11 August 2023.

      For completeness, Upper Tribunal Judge O'Callaghan refused permission on Ground 2 of the Appellant's application but granted permission in respect of Grounds 1 & 3. Ms Revill confirmed in the hearing that she was not seeking to ask the Upper Tribunal to nonetheless consider Ground 2.

      Both Appellants suffer with medical conditions which have varying degrees of impact upon their general day-to-day life however, the medical conditions of Appellant 1 are, in relative terms, far more serious than those of Appellant 2 and were therefore the focus of the Judge's assessment of the Article 8 ECHR appeal before him.

      In a careful and detailed judgment, the Judge noted the earlier proceedings in which a previous dismissed decision of the First-tier Tribunal had been appealed and set aside by the Upper Tribunal; the Judge therefore noted that the Upper Tribunal had preserved the finding from the earlier First-tier decision of an extant family life between the Appellants, their children and their grandchildren in the UK and that they live together in a family unit (see para. 8).