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This is the appeal of the Entry Clearance Officer against the decision of the First-tier Tribunal (Judge Ruth) who in a determination promulgated on 10 th January 2014 allowed the appeals of the Appellants against the refusal of their applications to enter the United Kingdom as dependent children of the Sponsor, Ms K H, a person holding indefinite leave to remain in the United Kingdom.
Whilst this is an appeal by the Entry Clearance Officer, for convenience I shall refer to the parties in this determination as they appeared before the First-tier Tribunal.
The Appellants are citizens of Somalia born on 27 th November 1999 and 30 th December 1997 respectively. They are the minor siblings of the Sponsor, Ms KH,, who has indefinite leave to remain in the United Kingdom.
On 21 st January 2013 the Appellants made applications to enter the United Kingdom for settlement as dependants of the Sponsor.
The applications were considered by the Entry Clearance Officer in Nairobi and were refused without interview on 23 rd January 2013. The notice of immigration decision in respect of both Appellants were in identical terms. It was stated that whilst it was accepted that both Appellants were related to the Sponsor and that she was their sister, having submitted DNA evidence to confirm the relationship, the Entry Clearance Officer was not satisfied that the family circumstances were as stated. The decision letter went on to state that:-
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