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The Appellant in these proceedings is the Secretary of State, however for convenience I shall now refer to the parties as they were before the First-tier Tribunal.
The Appellants are citizens of Nepal born on 30 th August 1941 and 26 th February 1950 respectively. They appealed against the decision of the Respondent dated 5 th December 2012 refusing to grant them entry clearance to settle in the United Kingdom as an ex-Ghurkha and his wife under the Immigration Directorate Instructions IDI Chapter 15 Section 2A, Annex A. Their appeals were heard by Judge of the First-tier Tribunal R G Walters and dismissed in a determination promulgated on 16 th May 2014.
This is an error of law hearing and I shall refer to the First Appellant being the ex-Ghurkha, as �the Appellant� throughout.
Counsel for the Appellant submitted that this is not an ordinary application for settlement in the United Kingdom. This application is based on a clear policy and this policy imposes a threshold which has to be met. He submitted that what has to be decided is whether the threshold was reached or not reached by the actions of the Appellant.
Counsel referred to the Appellant�s attempt to mislead the Records Office by giving an incorrect date of birth for his daughter. He submitted that this went no further. No application was granted based on this evidence. He submitted that the Appellant�s daughter is not a party to this application.
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