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This case came before me following a grant of permission on 19 August 2013 to the Entry Clearance Officer, to appeal the decision of the First-tier Tribunal allowing the appeals against the decision to refuse entry clearance to the United Kingdom.
The respondents (hereafter referred to as the claimants) are citizens of China, born on 24 July 1973, 15 August 1994 and 23 April 1996 respectively. They applied for entry clearance to settle in the United Kingdom as the spouse, step-daughter and son of the sponsor, Chen Tang, who had been granted indefinite leave to remain under the legacy programme . Their applications were refused on 22 August 2012 and on 29 May 2013 their appeals were heard in the First-tier Tribunal and allowed under the immigration rules.
On 19 August 2013 First-tier Tribunal Judge Cruthers granted permission to appeal, without giving any consideration to the timelessness issue and without specifically extending time for appealing.
With regard to the time limit for seeking permission to appeal, T he Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 230/2005) state as follows:
�24. (1) A party seeking permission to appeal to the Upper Tribunal must make a written application to the [First-tier] Tribunal for permission to appeal.
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