OA089422012 & OA089432012

(Immigration and Asylum Chamber)��������������������������������� Appeal Number: �OA/08942/2012

The appellants sought permission to appeal to the Upper Tribunal against the First-tier Tribunal�s decision to dismiss the appeals under Article 8.� The Judge�s decision in respect of the Immigration Rules was not challenged.� On 14 May 2013, the First-tier Tribunal granted each of the appellants permission to appeal.� Thus, the appeals came before me. �

The background facts to the appeals maybe summarised as follows.��� The sponsor married his first wife in 1985 and had two children.� In 1999 he came to the UK and was recognised as a refugee and is now a British citizen. His first wife and children went to Ethiopia and their applications to join him were refused and they returned to Somalia.� His first wife was killed in 2008 during a grenade attack and his son was also killed in another attack.� His daughter is now married and living in the Yemen but he has no contact with her.�

The sponsor is a self-employed minicab driver earning, after expenses, about �14,900 per year.� He lives in a two bedroomed flat for which he pays �700 rent per month. He sends the first appellant $200 per month and more if necessary.� The evidence before the Judge was that the first appellant is entirely dependent on the sponsor financially.� She lives with the second appellant outside Addis Ababa.

The Judge dealt with the appellants� claims under Article 8 at paras 36-46 of her determination as follows:� ��