IA186062015 & Ors.

The Appellants are husband and wife and their daughter born respectively in 1967, 1977 and 1998. They are all citizens of Mauritius and entered the United Kingdom as visitors on 1 December 2007. They overstayed and on 23 January 2015 applied for leave to remain in the United Kingdom based on the private and family life which each of them had established here.

On 7 May 2015 the Respondent to whom I shall refer as the SSHD, refused the application of each of the Appellants. The applications had been made at a time when they were unlawfully in the United Kingdom. The husband and wife did not meet the requirements of Appendix FM to the Immigration Rules either as partners or as parents and could not benefit from the provisions of Appendix FM Section EX.

The parents did not meet the time requirements of paragraph 276ADE(1) of the Immigration Rules and there were no very significant obstacles to their integration into Mauritius on their return.

The daughter did not meet the requirements of Appendix FM as a child. Although she met the age and time requirements of paragraph 276ADE(1)(iv) of the Immigration Rules, that SSHD considered it would be reasonable to expect the daughter to return to Mauritius with her parents as a family unit.

On 15 May 2015 each of the Appellants lodged notice of appeal under Section 82 of the Nationality, Immigration and Asylum Act 2002 as amended (the 2002 Act). The grounds are entirely generic to a family and indeed ground 8 refers to two children studying for public examinations which is clearly in error.