IA167502013 & IA167522013

This appeal has its origins in a decision made on behalf of the Secretary of State for the Home Department (hereinafter the �Secretary of State� ), dated 24 April 2013, whereby the applications of both Appellants for leave to remain in the United Kingdom were refused. The Appellants are mother and son respectively. Each is of Filipino origin. The mother is aged 30 years and the son, born on 20 June 2007, is now aged 6 years. The Appellants appealed unsuccessfully to the First-tier Tribunal (the �FtT� ). They now appeal with permission to this Tribunal.

�It is arguable that, having found that the second Appellant [the son] lived with and had established family life with his grandmother, the Judge gave inadequate reasons for his finding that the child�s best interests lay with him being removed to the Philippines with the first Appellant, his mother.�

We are mindful that the judicial duty to provide a properly reasoned Judgment has been considered most recently in the reported decision of the Upper Tribunal in MK (Duty to give Reasons) Pakistan [2013] UKUT 641 (IAC) .

It is trite that the Determination of the FtT must be considered as a whole and in its full context. The latter includes the bundle of evidence submitted on behalf of the Appellants the contents whereof consisted of, inter alia, several witness statements, a letter from the second Appellant�s primary school, documentary evidence of the first Appellant�s studies in London between late 2010 and late 2012 and evidence of her weekend employment as a care assistant in Hammersmith, London. In addition, the FtT heard evidence from both the first Appellant and her mother.

It is appropriate to reproduce in full the key passage in the Determination of the FtT: