IA241782014 & Ors.

The Appellants born respectively on 18 th June 1997, 27 th January 2001 and 6 th December 1960 are all citizens of Sri Lanka and the first two Appellants are daughters of the third Appellant. The Appellants were represented by Mr Talacchi of Counsel. The Respondent was represented by Miss Vijiwala a Home Office Presenting Officer.

The Appellants had made application to remain in the United Kingdom indefinitely as the spouse of a settled person together with her two children as dependants under the Immigration Rules. The applications had been refused by the Respondent on 9 th May 2014. The Appellants had appealed that decision and the appeal was heard by Judge of the First-tier Tribunal Andrew sitting at Birmingham on 15 th October 2014. He allowed the appeal.

The Respondent made application for permission to appeal on the basis that the judge had failed to consider an essential feature in the Appellants� case raised by the Respondent. Permission to appeal was granted by Judge Brunnen on 23 rd November 2014. Directions were issued that the matter should come before the Upper Tribunal to firstly decide whether an error of law had been made or not.

The matter came before me at Field House on 23 rd January 2015 and in a decision promulgated on 6 th February 2015 I found a material error of law was made by the judge in this case for reasons set out within the decision and set aside the decision of the First-tier Tribunal. Directions were issued on 6 th February 2015 and the matter comes before me to remake that decision in terms of the directions set.

As the parties were present I firstly explained to them the nature of the proceedings and the manner in which they would be conducted. I next examined the documents available to me in this case.