OA108862013 & OA108882013

For the Appellant (Secretary of State): Mr S Walker (Senior Home Office Presenting

In this determination, I shall refer to the parties as they were in the First-tier Tribunal. Mr Adharsh George Sharmila Shanti, and his brother, Mr Jinoy George, will be referred to as the appellants and the Secretary of State as the respondent.

The appellants� appeals against decisions to refuse them entry clearance, as dependent children of their sponsors here, were allowed by First-tier Tribunal Judge Grant (�the judge�) in a determination promulgated on 4 June 2014. In issue were the requirements of paragraph 297 of the Immigration Rules.

In refusing entry clearance, the Entry Clearance Officer (�ECO�) put in issue the claimed relationship between the appellants and their sponsors here and the maintenance and accommodation requirements of the rules. The judge made findings of fact in the appellants� favour in relation to all the issues and allowed the appeals.

The respondent, the Secretary of State, applied for permission to appeal. One challenge was made. At paragraph 7 of the determination, the judge made findings in the light of colour photographs which appeared in the appellants� bundle, showing the appellants with their sponsors at various stages of their lives. In the grounds, it is contended that the judge erred. He made reference to only two of the photographs and failed to give adequate reasons for finding that this evidence showed that the sponsors were the appellants' parents, as claimed.