UI2023002175 & UI2023002177

Pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008, the appellants are granted anonymity because the case involves consideration of matters that might touch protection issues. No-one shall publish or reveal any information, including the name or address of the appellants, likely to lead members of the public to identify the appellants. Failure to comply with this order could amount to a contempt of court .

             The appellants appeal against the decision of First-tier Tribunal Judge Courtney ('the Judge') who dismissed their appeals against the Entry Clearance Officer's ('ECO') decisions refusing them entry clearance.

             The appellants are nationals of Afghanistan born on 6 September 1964 and 26 October 1969 respectively, and are husband and wife. They applied on 1 July 2022 as for entry clearance as the adult dependent relatives of their son, Mr Abdul Haseeb Azizi, ('the Sponsor') who is a British Citizen.

             The ECO refused the application on the basis that the appellants had not shown that either of the appellant's required long term personal care, or that there was no one else in Afghanistan who could reasonably provide the care required. As such did not meet the requirements of E-ECDR.2.4 - 2.5. of the Immigration Rules ('the Rules').

             The ECO considered that overall the refusal was a proportionate interference with the appellants' Article 8 rights, and as such refused the application.