IA126442014 & Ors.

The Appellants appealed the Notice of Refusal and the appeal came before Judge of the First-tier Tribunal Blake sitting at Taylor House on 9 th February 2015. In a decision promulgated on 6 th March 2015 the Appellants' appeals were allowed so far as the third Appellant was concerned pursuant to the Immigration Rules and so far as all Appellants are concerned pursuant to Article 8 of the European Convention of Human Rights.

On 17 th March 2015 the Secretary of State lodged Grounds of Appeal to the Upper Tribunal. Those grounds contended firstly that the judge had arguably failed to properly apply Rule 276ADE(1) and secondly that the judge had arguably failed to properly consider Article 8.

No reply pursuant to Rule 24 appears to have been served by the Appellants' solicitors.

As a preliminary issue Mr Jeshani points out that at the date of decision the third Appellant was aged under 18 and submits that he met the requirements of paragraph 276ADE(1)(iv). He points out that the judge went on to make findings in the alternative because at the date of the hearing the third Appellant was aged over 18 but under 25 and he had been in the UK for half of his life.

He submits that the decision is a valid decision. He agrees that it was appropriate for Section 117 of the 2002 Act to be looked at by the judge and that he has done so. He indicates there are effectively two approaches that he would urge me to consider both of which ultimately mean the third Appellant succeeds. He urges me that there is no material error of law but even if I were to find that there were then the Appellant would succeed under 276ADE(v) especially if he were to make a further application now.