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The Appellant in this case is the Secretary of State for the Home Department. However, for the sake of clarity, I shall use the titles by which the parties were known before the First-tier Tribunal with the Secretary of State referred to as "the Respondent" and Mrs SCP - first Appellant, Mr DAM - second Appellant, Master JS AC - third Appellant and Miss CAA - fourth Appellant as "the first, second, third and fourth Appellant" respectively.
The Appellants are all citizens of Bolivia. The first and second Appellants are wife and husband and the third and fourth Appellants are their two minor children. They appealed a decision of the Respondent dated 16 December 2014 refusing their applications for permission to remain in the United Kingdom on human rights grounds. Their appeal was heard by Judge of the First-tier Tribunal Nightingale who in a decision promulgated on 3 October 2016 allowed the appeals.
The Respondent sought permission to appeal. On 2 May 2017 Judge of the First-tier Tribunal Mark Davies granted that application. His reasons for so doing were:-
"1. The Respondent seeks permission to appeal against a decision of the First-tier Tribunal (Judge) promulgated on the 3 rd October 2016 who allowed the Appellants appeal against the decision to refuse them leave to remain on Article 8 grounds.
The Judge does not appear to have considered the burden of proof upon the Appellants.
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