VA091692013 & VA091732013

The appellants are citizens of Pakistan who were born on the (i) 4 th May 2001, and (ii) 3 rd June 1994. They appeal against the decision of Judge Robson who, in a decision promulgated on the 24 th June 2014, dismissed their appeals against refusal of their applications for entry clearance as family visitors.

The appellants were represented by Mr Garni (solicitor) at the hearing before the First-tier Tribunal. The grounds of appeal to the Upper Tribunal were, however, settled Mr Farooq Azam (see below). Mr Farooq Azam subsequently indicated, by letter, that he was unable to attend the hearing due to work commitments and requested that it proceed in his absence. I was satisfied that the appeal could be justly decided without his presence and I therefore acceded to his request.

Judge Robson set out his findings (conclusions) at paragraphs 42 to 46 of his determination �

I considered the Immigration Appeals (Family Visitor Regulations 2012 and the category of persons referred to therein which does not include uncles or indeed Aunts. Further since the mother has no longer proceeded with her appeal it is inevitable that she will not accompany her younger minor child and for that reason alone the appeal must fail as being noncompliant with paragraph 46A(iv)(a) [of the Immigration Rules].

It has been put to me that the decision of the Respondent would interfere with the Appellant�s right to Family Life and Private Life [under Article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms] it being submitted in particular that the current decision had been in fact been particularly emotionally harmful to the older child. There is no evidence of that.