OA056192014 & OA056202014

The application for permission to appeal was made by the Secretary of State on behalf of the Entry Clearance Officer but nonetheless I shall refer to the parties as they were described before the First Tier Tribunal, that is Mr and Mrs Ranjit as the appellants and the Entry Clearance Officer as the respondent.

The appellants are citizens of Nepal born on 3 March 1945 and 2 April 1954. They appealed against the decisions of the Entry Clearance Officer dated 24 March 2014 which refused them entry clearance to the United Kingdom as the adult dependent relatives of their son Mr Charanjibi Ranjit and his wife, and their son Mr Suraj Kumar Ranjit and his wife, who lived in the United Kingdom, with reference to paragraphs EC-DR.1.1 of Appendix FM of the Immigration Rules HC 395.

"You and your wife (NED/3526472) have applied to join your sons in the United Kingdom. I note that you stated that you live in a property that is owned by you. You said that you are supported financially by your sons and daughter in law in the United Kingdom. I am aware that you have been visiting the United Kingdom as a visitor on regular basils since 2009 staying between five and six months on each visits. You have also stated that your children visit you and your wife in Nepal on a frequent basis.

I therefore refuse your application under paragraph EC-DR.1.1(d) of Appendix FM of the Immigration Rules (E-ECDR.2.5)."

Following an appeal hearing on 5 January 2015 Judge of the First-tier Tribunal Blake allowed the appeal both under the Immigration Rules and under Article 8.