Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The appellants are citizens of Pakistan. They both applied for entry clearance under paragraph 297 HC 396 as dependent children of the sponsor on December 24, 2012. The respondent eventually refused their applications under the Immigration Rules albeit the application had originally been refused under Appendix FM on March 14, 2013.
The appellants appealed on April 9, 2013 under section 82(1) of the Nationality, Immigration and Asylum Act 2002.
The matter came before Judge of the First-tier Tribunal Davies (hereinafter referred to as the �FtTJ�) on June 30, 2014 and in a decision promulgated on July 7, 2014 he refused their appeals under paragraph 320(7A) HC 395 and for not meeting the requirements of paragraph 297 HC 395.
The appellants lodged grounds of appeal on August 5, 2014 submitting the FtTJ had erred in his approach to paragraph 320(7A) HC 395 and by failing to consider the appeal under article 8 ECHR.
On August 14, 2014 Designated Judge of the First-tier Tribunal McCarthy refused permission to appeal finding the FtTJ had reached findings open to him. Leave to appeal was renewed to the Upper Tribunal and on December 8, 2014 Upper Tribunal Judge Rintoul refused permission under the Immigration Rules but granted permission on article 8 grounds finding it arguable the FtTj erred in failing to give proper reasons for dismissing the appeal pursuant to article 8. Leave to appeal was limited to this issue.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.