UI2023002273 & Ors.

               The three appellants wish to join Mr Zarullah Sherzad who is the husband of the first appellant and the father of the second and third appellants. He is a citizen of Afghanistan with discretionary leave to remain in the United Kingdom and I shall refer to him as the sponsor.

               In consequence of the grant of permission the matter came before me to determine in the first place whether there was a material error of law in the decision of the First-tier Tribunal such that it fell to be set aside. If there was then I would make directions on the rehearing of the appeal. If there was not the decision at first instance would stand.

               For the respondent it was acknowledged that the judge had placed weight on family life and the difficulties they faced. The grounds focused on the judge's point about denial of freedom which related more to a protection appeal than an entry clearance one. The judge had to balance the strength of the public interest against the impact on family life.

            Finally in conclusion for the 2 nd appellant counsel made two points. It was rejected that there were family members in Afghanistan who could support the second appellant. The judge should have taken into account the second appellant's age and explained how a lack of maturity would impact on the proportionality assessment in relation to the second appeal. The parties agreed that if there was an error in relation to both appeal and cross-appeal then the matter should be remitted back to the First-tier.

The decision of the First-tier Tribunal involved the making of an error of law in respect of the 1 st and 3 rd Appellants' appeals and I set the decisions aside. I dismiss the 2 nd Appellant's appeal