OA178042013 & OA178082013

The Appellants are citizens of Uganda born on 8 th February 2000. They applied for entry clearance to the United Kingdom in order to join their maternal aunt, who had been granted refugee status, but their applications were refused by the Respondent on 30 th July 2013.

The Appellants appeal against the decision of the First-tier Tribunal (Judge Fisher) who dismissed their appeals against the Respondent�s decision taken on 30 th July 2013 to refuse their applications for entry clearance under paragraph 352D of the Immigration Rules (HC 395) as amended.

The Appellants are citizens of Uganda born on 8 th February 2000 and are therefore minors. They made applications to join their maternal aunt under the family reunion provisions under paragraph 352D. The Sponsor, J N, has leave to remain as a refugee. That status was granted on 21 st September 2013. The application forms submitted by both Appellants set out their history in Uganda by reference to their upbringing and care having been taken by the Sponsor, J N who whilst she was not their biological mother had cared for them since the death of their mother during childbirth.

The Appellants exercised their right to appeal those decisions and the appeals came before the First-tier Tribunal (Judge Fisher) on 14 th April 2014. In a determination promulgated on 25 th April 2014 he dismissed their appeals.

At [16] the judge considered the best interests of the Appellants although it appears that the representative did not address that issue. He began from the starting point that it is in the best interests of the children to be with both their parents but found that: