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Thereafter the Appellants appealed and the appeals came before Judge of the First-tier Tribunal O'Garro sitting at Hatton Cross on 8 th February 2016. In a Decision and Reasons promulgated on 16 th February 2016 the Appellants' appeals were dismissed.
The Appellants through their legal representatives on 16 th February 2016 lodged Grounds of Appeal to the Upper Tribunal. Those grounds contended:
(a) That the First-tier Tribunal Judge had erred in respect of the findings on sole responsibility and that whilst the First-tier Tribunal Judge correctly directed herself to the leading authority of TD (Yemen) on sole responsibility the judge failed to distinguish paragraph 46 of TD given that there was no parent living abroad.
(d) That the First-tier Tribunal Judge failed to consider the Article 8 position as at the date of decision.
On 3 rd February 2017 Judge of the First-tier Tribunal Parker granted permission to appeal. In granting permission Judge Parker had carefully considered the judge's decision, particularly with regard to the fact that the judge had applied TD (Yemen) [2006] UKAIT 00049 despite the Appellants' circumstances being materially different to those of the Appellant in that case and that the judge's assessment of paragraph 297(i)(f) appeared to rely on her own knowledge and that it was infected. On 21 st February 2017 the Secretary of State responded to the Grounds of Appeal under Rule 24.
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