UI2024002078

       The appellant is a citizen of Nepal born on 13 April 1980. She appeals, with permission, against the decision of the First-tier Tribunal dismissing her appeal against the respondent's decision to refuse her application for entry clearance to the UK.

       The appellant applied on 19 May 2023 for entry clearance to the UK as the adult dependent child of her mother, the sponsor, who is the widow of a former Gurkha soldier. The appellant's father, Mr Narbahadur Pun, and her mother Mrs Budhi Sara Pun, were issued settlement visas to enter the UK on 9 March 2010 and they both arrived in the UK on 9 May 2011. The appellant's father passed away in the UK on 28 March 2020 and the appellant's mother remained living here, with frequent visits to Nepal.

       The appellant appealed against that decision. The appeal was listed before the First-tier Tribunal to be heard on 1 March 2024.

       For the appeal the appellant produced an appeal bundle which included her divorce certificate. She also produced a statement in which she explained that she had moved back home to her parents' house after one year of marriage, as she had problems with her husband, and she then lived separately from her husband for many years, with their divorce being finalised in 2021. She stated that she had never worked in Nepal and had given up her studies before completing her university degree and was fully dependent upon her mother.

       The appellant's appeal was heard by First-tier Tribunal Judge Scullion. The appellant was legally represented at the hearing and the sponsor attended to give oral evidence in support of the appeal. It was conceded that the appellant could not meet the requirements of the immigration rules and the appeal therefore focussed on Article 8.