OA156992012 & ors

For the appellants: Ms. S. Jegarajah, of Counsel, instructed by Wimbledon Solicitors

The appellants� appeals were dismissed by First-tier Tribunal Judge Prior under para 297 in relation to the minor appellants and para 317 in relation to the adult appellants of the Statement of Changes in the Immigration Rules HC 395 (as amended) (the Immigration Rules). The judge also dismissed their appeals under Article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

Judge Prior found that there would be adequate accommodation for all of the five appellants and adequate maintenance for them and their mother, under paras 297 and 317. He found that the two minor appellants did not satisfy para 297(i) of the Immigration Rules for the following reasons:

i. The appellants� mother made her application for entry clearance in August 2012. The explanation given to the judge for the delay in her application was that, until shortly before her application, she had not managed successfully to pass her English language test. The judge considered that, as at the date of the respondent�s decision on 3 July 2012, there could be no assurance that the minor appellants � would accompany their parent in India for the purpose of settlement in the United Kingdom�.

It is evident that the judge was here considering the requirement in para 297(i)(c), that: � one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement�.