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This is an appeal by an Entry Clearance Officer (ECO) against a determination of First-tier Tribunal Judge Caskie promulgated on 27 February 2014 in which he allowed the appeals of the three above named Respondents.
Anonymity was granted because the Respondents are young children who at the date of decision, 22 nd April 2013, were aged eight, six, and three. The sponsor is their father.
The chronology indicates that the sponsor came to the United Kingdom in 1999 as a student. His leave was extended as a work permit holder after which in September 2013 he was granted Indefinite Leave to Remain (ILR). He, like the Respondents, is a national of Zimbabwe.
The sponsor told the Judge that they had "tried to sort it out before they left the UK for the purposes of our holiday to Zimbabwe as the children had no status". Attempts made to secure status were not successful yet the family still chose to travel to Zimbabwe for the purposes of a holiday during the Easter period.
The Respondents� appealed. The Judge notes that the children were born in the United Kingdom and this was the first family trip to Zimbabwe that had taken place during the Easter holiday with the intention that the children would return at the end of the holiday. The Judge records that family savings had been exhausted in preparation for the family trip and that the children attended primary school in Stockton on Tees which they had missed as a result of the refusal of their applications [5].
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