OA078252013 & ors

For the Appellants: Ms V Easty, Counsel, instructed by Farani Javid Taylor Solicitors LLP

The appellants, a sister and two brothers, are all citizens of Pakistan born respectively on 20 January 1996, 21 September 1997 and 1 February 2001. They appeal against the respondent�s decision to refuse to grant them entry clearance to come to the United Kingdom for settlement as the dependent children of Tahir Mehmood Younes (the sponsor).

Currently, the three appellants live with their paternal grandmother in the family home. It is proposed that they would come to live with the sponsor, his second wife and their three children at an address in Croydon, Surrey.

In her Visa Application Form dated 13 November 2012, the first appellant indicated that she sees the sponsor �every few years� and speaks to him on the telephone �everyday�. In fact the sponsor left Pakistan in October 2007 and returned only once before November 2012 and that was in 2009. He has subsequently returned for a visit in 2013.

Two issues arose for consideration in the course of the appeal. The first was whether or not paragraph 297 of the Immigration Rules was satisfied, particularly whether the sponsor had had sole responsibility for the upbringing of the appellants. The conclusion of the First-tier Tribunal Judge was that he had not. The second issue was, notwithstanding that the appellants failed to meet the Rules, whether on the basis of Article 8 of the ECHR there should be family unity in the United Kingdom. Once again, the Judge concluded that Article 8 was not engaged in the circumstances of this case.