IA231622015 & others

Pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/269) I make an anonymity order. Unless the Upper Tribunal or a Court directs otherwise, no report of these proceedings or any form of publication thereof shall directly or indirectly identify the Appellants.

I have made an anonymity order because this decision refers to the circumstances of a minor child, the third appellant. The first and second appellants are the father and mother of the third appellant, N. N was born in 2005 and is now 12. She came to the UK in 2005 when she was a young baby. The appellants are all citizens of Mauritius.

The appellants have appealed against a decision of the First-tier Tribunal dated 6 July 2016 in which it dismissed an appeal against the decision of the respondent dated 5 June 2015 refusing leave on Article 8 grounds. The First-tier Tribunal was satisfied that it would be reasonable for N to leave the UK with her parents and dismissed the appeal under the Immigration Rules and Article 8.

In grounds of appeal the appellants challenged the failure to grant an adjournment and the alleged failure to consider N's best interests. Permission to appeal was refused by the First-tier Tribunal and Upper Tribunal. This was challenged in the High Court, and following a decision from Collins J, the decision refusing permission was quashed on 12 April 2017. Permission to appeal was then granted by the Upper Tribunal in a decision dated 9 May 2017.

At the end of the hearing I indicated that I would be allowing the appeal for reasons which I now provide.