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The Respondent is a national of Nepal born on the 8 th July 1983. On the 28 th May 2015 Judge Andrews of the First-tier Tribunal allowed his appeal, on human rights grounds, against a decision to refuse to grant him entry clearance as an adult dependent relative. The Entry Clearance Officer now has permission to appeal against that decision [1] .
The Entry Clearance Officer noted that the Respondent was, at the date of the application, 30 years old. He had not demonstrated that he could meet the requirements of the Rules as set out in Appendix FM; nor had he shown there to be exceptional circumstances which would justify his admission on Article 8 grounds.
When the matter came before the First-tier Tribunal Mr Tikajit Pun attended to give oral evidence. It does not appear that his evidence was materially challenged by the Entry Clearance Officer and the determination proceeds on the basis that it is true. The First-tier Tribunal finds
a) That there continues to be a family life between the Respondent and his mother, and he remains financially dependent upon his father. That dependency is in part because of his illness and in part because this is the 'cultural norm' in Nepal;
c) The only reason that she is in Nepal, rather than in the United Kingdom with her husband, is because of the Respondent's illness;
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