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This is an appeal against the determination of First-tier Tribunal Judge Grimmett promulgated on 7 th January 2014 following a hearing at Birmingham Sheldon Court on 31 st December 2013. In the determination, the judge dismissed the appeal of Luther Tungamirai Jape and his sibling sister Dinai Jape. The Appellants applied for, and were granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.
However, the two older children, namely, the Appellants in this appeal, could not show that they are living in the most exceptional compassionate circumstances. Moreover, they were adults, and Luther had been looking after himself for some time and he was working �and helping to support them and has clearly been living with them for the vast majority of the time his mother has been away� but was not living in the most exceptional compassionate circumstances nor is he living alone� (paragraph 10).
As for the second Appellant, Dinai, the judge found that the evidence was that she �has the burden of caring for the children as she is not working and has to do all the work and they are living in a two bedroom flat which clearly would be very difficult for them all� (paragraph 10), but the judge still found that this did not show the existence of the most exceptional compassionate circumstances. Accordingly the appeals of the first and second Appellants were dismissed.
On 1 st April 2014, permission to appeal was granted on the basis that, although Article 8 ECHR was specifically raised in the original Grounds of Appeal, the judge had failed to make any findings on the issue of human rights.
I find that �exceptional circumstances� exist in this sense because the Appellants, Luther and Dinai, lived as a family unit together, both in Zimbabwe when their mother left them in 2001, and then again in South Africa, where they followed Luther, until this year when the youngest two sibling children have come to the UK in February 2014. At this stage, their family unit has been disrupted.
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