OA030752014 & OA030772014

For the Appellants: Ms J Heybrook of Counsel instructed by Kothala & Co (Harrow Road)

The appellants in this case are citizens of Uganda. The first appellant was born on 4 January 1996 and the second appellant is her brother born on 23 April 1998. The appellants sought entry clearance as the dependent children of their mother, Rebecca Odoki, the sponsor, a British citizen. Those applications were refused by the respondent under paragraph 297 and paragraph 320(7A) of the Immigration Rules. The respondent also concluded that there were no exceptional circumstances that would justify granting leave outside Article 8.

The appellants appealed the refusals and their appeals came before Judge of the First-tier Tribunal Mr J S Hamilton. In a Decision and Reasons promulgated on 20 July 2015 Judge Hamilton dismissed the appellants' appeals under the Immigration Rules and under Article 8. However, the judge found that the respondent had not demonstrated that the appellants had "deliberately and dishonestly relied upon a forged death certificate in support of their applications".

The appellants appealed and permission was granted on the basis that it was arguable that in assessing Article 8 Judge Hamilton had failed to consider the impact on the second appellant of being separated from a sole surviving parent and that it was unclear whether the judge accepted that the father was dead. If that in fact was accepted this may have impacted on the assessment in relation to paragraph 297 of the Immigration Rules as indeed paragraph 297(i)(d) may be relevant.

Ms Fijiwala conceded before me that paragraph 297(i)(d) was material to the outcome of this appeal and that no finding had been made by the Judge of the First-tier Tribunal as to whether or not the appellants' father was dead or alive.