OA042142013

Having considered the evidence and the visa application form, the entry clearance record, the sponsor's witness statement and his oral evidence, I accept and find that the appellant was living with both of his parents in Nepal prior to his father's departure. I accept that the appellant's mother who was granted settlement after her husband, now divides her time between her husband in the UK and her son in Nepal.

I accept that the appellant is accommodated and financially maintained solely by his parents. I accept that he has not formed his own separate family unit or independent life. I accept that it is his and his parents perception that he still forms part of their family unit and that the common intention is that he should continue to live with them upon arrival in the UK.

The appellant has I find, been in full-time education up until now which has been fully sponsored by his parents. It is furthermore the common intention that he should continue his studies in the UK supported by his parents.

Finally, I find that there are close emotional ties between the sponsor, his wife and his son."

"To the factors which have led me to the finding that the respondent's decision is disproportionate recited above, I add the following. It is part of the respondent's argument that the sponsor and his wife can relocate to Nepal either temporarily or on a permanent basis. I find however that this would involve the sponsor and his wife's potentially giving up their grant of settlement, thereby entirely frustrating the long delayed honouring of the Military Covenant and the redressing of the historic injustice to the sponsor."