UI2022004316

              The appellant appeals with permission against the decision of First-tier Tribunal Judge Louveaux, dated 17 June 2022, dismissing the appellant's appeal against the decision made by the Entry Clearance Officer on 22 October 2021, refusing him entry clearance to join the sponsor Ms Rai, his mother, a widow of an ex-Ghurkha soldier in the United Kingdom.

              The appellant is a citizen of Nepal born on 22 April 1977. He previously applied for entry clearance to join his mother, Ms Rai on 7 June 2018. That application was refused and the appeal against that refusal was dismissed by First-tier Tribunal Judge Bartlett in a determination promulgated on 11 June 2019. Further applications for permission to appeal were refused by Upper Tribunal Judge Martin and then by Upper Tribunal Judge Macleman.

              The respondent's position is that family life pursuant to Article 8 ECHR is not engaged between the sponsor and the appellant.

              There was no Rule 24 response although Mr Wain indicated that the respondent would oppose the grounds of appeal.

              Mr Wilford made brief submissions. He submitted that the judge had erroneously considered the issue of whether First-tier Tribunal Judge Bartlett had materially erred instead of examining the evidence to determine whether family life was engaged in June 2022. The judge used Devaseelan as a sledgehammer. He failed to make factual findings in respect of events subsequent to the previous decision.