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At the hearing before me Mr Whitwell, representing the Entry Clearance Officer said that the only point he wished to take against the decision of Judge Miller to allow the appeal is that he had failed to make a finding on the existence of family life between the respondent and his parents, the sponsors and as a consequence of that failure he had made a material error in law.
Mr Whitwell in response said that the Judge should have at least mentioned the authority of Kugathas given the age of the respondent. He accepted though that the evidence of historic wrong is �indeed exceptional�.
I dismiss this application and see no reason to interfere with the fee award made by Judge Miller.
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Common Room
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