OA107992013 & OA107982013

For the Appellant: Mr E Nicholson, Counsel, instructed by Irving & Co, Solicitors

A1 and A2 are nationals of Somalia residing in Kenya. A2 is the granddaughter of A1. The latter, whose date of birth is 10 March 1949, applied for leave to enter the UK as an elderly dependent relative of the Sponsor. She is his mother. Her application was made under the provisions of Appendix FM of HC 395, as amended (the Immigration Rules). A2, whose date of birth is 10 February 2001 and who resides with A1, applied for leave to enter as a dependent relative of the Sponsor. A2 is his niece. Her application was under paragraph 297 of the Immigration Rules.

The Appellants appealed against the decisions. Their appeals were heard by First-tier Tribunal Judge Plumptre on 6 December 2013, who dismissed the appeals on all grounds. The Appellants were granted permission to appeal against her decision and their appeals were heard by Deputy Upper Tribunal Judge Mailer, who allowed the appeals, set aside the decision of Judge Plumptre and remitted the matter to the First-tier Tribunal for a rehearing of all the issues.

The rehearing took place before First-tier Tribunal Judge Hodgkinson on 23 July 2014. He dismissed the appeals, finding that A1 was not able to meet the provisions of paragraphs E-CDR.2.4 and 2.5, and A2 was not able to meet the provisions of paragraph 297 (i)(f). Due to this, he did not go on to consider whether the maintenance and accommodation requirements were met by either Appellant.

As to the grounds of application submitted on behalf of the Appellants, taken together with Mr Nicholson�s oral submissions, these fell under 3 heads as follows: