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The appellant in these proceedings is the Secretary of State but for convenience I refer to the parties as they were before the First-tier Tribunal.
On 17 th January 2013 the appellant, a citizen of Nepal born on 6 October 1988, applied for entry clearance to join his family in the UK for the purposes of settlement. That application was refused in a decision dated 7 th May 2013. It was said in the decision notice that the appellant was not able to meet the requirements of the Immigration Rules and in fact so much is accepted on behalf of the appellant. What those requirements are I do not need to elaborate in this decision.
The appeal came before First-tier Judge Lobo at a hearing on 20 th December 2013. In a decision promulgated on 16 th January 2014, Judge Lobo allowed the appeal on human rights grounds. He allowed it on human rights grounds because he was aware of the fact that the appellant could not succeed under the Immigration Rules and the Immigration Rules in relation to family life were not argued before him.
The judge heard evidence from the appellant�s mother, Mrs S M Tamang, and she was the only witness who was called to give evidence. Amongst the evidence that she gave was that if the present law in relation to the settlement of Gurkhas and families had existed before her husband�s death, and he died in 2008, and after his retirement, her husband would have applied to enter the United Kingdom with herself and their three children including the appellant.
She also gave evidence that of her three children only the appellant remained in Nepal. He did not apply for entry at the same time as the sponsor, that is his mother who is the witness, and her children because she had placed him in a drug rehabilitation unit for his addiction to drugs. Her evidence was also that the appellant is financially dependent on her and that she sends money regularly to Nepal where he lives in his mother�s house. Her evidence was that he is emotionally dependent on her and his siblings as a consequence of his father spending much time away on military service.
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