OA15332013 & ors

The appellants appealed against this decision and their appeals were heard before First-tier Tribunal Judge J Simpson, sitting at Taylor House on 19 November 2013, but in a determination promulgated eight days later, Judge Simpson dismissed the appeals. Having considered the evidence put before him, he was not satisfied that the appellants had established on the balance of probabilities that the maintenance requirements under the Rules has been satisfied. With regard to Article 8, Judge Simpson disposed of the appeal at paragraph 11 as follows:

�The appellants did not pursue any human rights applications and Mr Islam made no submissions on human rights issues. The appellants all enjoy family and private life together in Bangladesh and the respondent's decisions do not affect the enjoyment of those rights. If they wish to restore the family life they enjoyed together with the sponsor before she came to the UK, the respondent's decisions will not interfere with the family life but will facilitate its restoration.�

The appellants now appeal against this decision, leave having been granted by First-tier Tribunal Judge Nicholson on 17 December 2013.

With regard to Article 8, it is submitted that this had been raised in the grounds of appeal and accordingly should have been dealt with.

When giving reasons for granting permission to appeal, Judge Nicholson considered that it was arguable that the judge should have dealt with the appellants� Article 8 rights, even though it was acknowledged (at paragraph 6 of the reasons) that �appellants are generally unlikely to succeed in a case in which the Rules are not met�. Permission was granted on the remaining grounds �notwithstanding that many lack merit�.