OA028682014

The Appellant is a citizen of Nepal born on 14 th March 1982. The Appellant applied for entry clearance to settle in the UK as the dependant son of Gaj Bahadur Gurung an ex-Gurkha solider. The Appellant's application was considered as an adult dependant relative under paragraph EC-DR.1.1 of Appendix FM of the Immigration Rules. His application was refused in a very detailed Notice of Refusal by the Entry Clearance Officer on 29 th January 2014. In an equally detailed review the Entry Clearance Manager upheld the decision of the Entry Clearance Officer in a review dated 19 th June 2014.

The Appellant appealed and the appeal came before Judge of the First-tier Tribunal Andrew sitting at Birmingham on 14 th May 2015. In a decision and reasons promulgated on 27 th May 2015 the Appellant's appeal was dismissed both under the Immigration Rules and under Article 8.

On 9 th June 2015 the Appellant through his instructed solicitors lodged Grounds of Appeal to the Upper Tribunal. That application was refused by Immigration Judge Grant-Hutchison on 11 th August 2015. On 19 th August 2015 renewed Grounds of Appeal were lodged to the Upper Tribunal.

On 31 st December 2015 the Secretary of State responded to the Grounds of Appeal under Rule 24. In the Rule 24 response the Secretary of State contended that the First-tier Tribunal Judge had clearly considered the relevant case law at paragraphs 12, 13, 16 and 17 of the determination and had made a reasoned finding based on the evidence that was presented at the appeal. The Rule 24 response contended that the Grounds of Appeal were merely a disagreement with the Judge's findings.

It is on that basis that the appeal comes back before me to determine whether or not there is a material error of law in the decision of the First-tier Tribunal Judge. The Appellant is represented by his instructed Counsel Mr Puar. The Secretary of State appears by her Home Office Presenting Officer Mr Walker.