OA069792012 & OA098752012

An anonymity order was made by the First-tier Tribunal and there has been no application before me by either party or by any third party to discharge that order. The anonymity order is therefore maintained. Such order is to remain in place unless or until this Tribunal, or any other appropriate Court, directs otherwise. As such, no report of these proceedings shall directly, or indirectly, identify the appellants. Failure to comply with this order could amount to a contempt of court.

The appellants were granted permission to appeal to the Upper Tribunal by way of a decision of First-tier Tribunal Judge Warren L. Grant dated 9 September 2013, in the following terms:

�1. The appellants seek permission to appeal, in time, against a decision of the First-tier Tribunal promulgated on 31 July 2013 whereby he dismissed the appellants� appeals against the decision of the Entry Clearance Officer - Kingston to refuse their applications for leave to enter the UK as dependent spouse and child respectively of a person present and settled in the United Kingdom.

The grounds of application assert that the First-tier Tribunal Judge misdirected himself when considering the adequacy of the funds available for the maintenance of the appellants at the date of the decision and as such disclosed an arguable error of law. His consideration of Article 8 issues seems confused and he does appear to have applied a test of exceptionality when assessing proportionality. All grounds are arguable.�

At a hearing on 18 October 2013 Mr Nath agreed that the First-tier Tribunal�s determination contained an error of law in relation to its consideration of the maintenance requirement of the Rules. More particularly, it was accepted that the First-tier Tribunal had failed to make material findings on relevant matters, i.e. (i) the availability of third party support, (ii) the income of the appellant from student grants/loans.