OA154102013 & OA094342013

The Appellants are nationals of India being a mother and daughter who applied to join their husband/father in the United Kingdom. Their applications were refused and subsequent appeal dismissed under the Immigration Rules and on human rights grounds by First-tier Tribunal Judge Ross in a determination promulgated on 29 th April 2014.

Grounds of application were lodged on a number of points. Firstly, it was said that the first Appellant had made an application on 18 October 2012 prior to the second Appellant but had withdrawn that application because she did not pass the English language requirement. As such the judge was wrong to say that there was no application made by the first Appellant until after the refusal of entry clearance to his daughter.

Secondly, paragraph D of Appendix FM�SE of the Rules provided the Home Office caseworkers with flexibility to request missing evidence and that should have been done in this case. Finally it was said that the judge had failed to apply relevant case law. A judge of the First-tier Tribunal found all the grounds arguable and granted permission to appeal.

The Home Office lodged a Rule 24 notice saying that while it might be demonstrated that the judge was wrong in finding that the first Appellant did not apply for entry clearance until after her daughter it was immaterial in that the judge found that the correct evidence had not been submitted in accordance with Appendix FM -SE.

Separately, while it was accepted that the Appellants did not satisfy the detailed requirements of Appendix FM�SE the Secretary of State should have exercised her discretion under paragraph FM-SE-D and called for the missing documents to be lodged.