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For the Respondents: Ms T Kyakwita (Legal Representative, Immigration Advice Service (Hounslow))
This matter comes before me as an error of law hearing. The first Claimant, whose date of birth is 26 April 1947, is a citizen of Zimbabwe. The second Claimant, whose date of birth is 1 December 1943, is also a citizen of Zimbabwe.
The Claimants appealed the refusal made by the Entry Clearance Officer (Pretoria) of their application for entry clearance as family members to visit their adult children in the UK. The First-tier Tribunal (Judge Beach) allowed the appeals on human rights grounds in a Decision and Reasons promulgated on 24 February 2015.
The Secretary of State contended that the First-tier Tribunal failed to apply Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002.
Ground 2 argued that the First-tier Tribunal erred by finding there was private life and further that there was an interference with private life. The Tribunal failed to take into account relevant law ( EM (Lebanon) v SSHD [2008] UKHL 64 ), that consideration is to be given to existing as opposed to future private life.
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