UI2022005898 & UI2022005900

The appellants appeal against the decision of First-tier Tribunal Judge C Scott promulgated on 27 September 2022 ("the Decision"). By the Decision, the judge dismissed the appellants' appeal against the respondent's decision dated 19 January 2021 and 2 February 2021 respectively, refusing their applications for leave to remain in the United Kingdom on human rights grounds.

The appellants are nationals of Somalia. Their appeals were heard together by the First-tier Tribunal as the appellants are related as nephew and uncle respectively, and their appeals concerned common issues of fact and law.

It was the respondent's refusal of this application that was the subject of the appeal before the judge.

The parties were represented before the judge who heard evidence from the appellants and the sponsor. The judge dismissed the appellants' appeal on human rights grounds. She found that the appellants could not satisfy the requirements of the Immigration Rules for a grant of leave to remain and that their removal would not be a disproportionate interference with their right to respect for private life contrary to Article 8 ECHR. I return below to the detailed reasons given for the Decision .

Permission to appeal was granted on renewed application by Upper Tribunal Judge O'Callaghan on 16 January 2023 on all grounds (albeit he questioned the merits of Grounds two and three). In his grant of permission Judge O'Callaghan observed inter alia that the grounds of application failed to engage with the substance of the concessions referred to therein, and directed the appellants to file and serve the applicable concessions. The appellants complied with that Direction.