UI2023004768 & UI2023004766

             The appellants, who are siblings, are citizens of Nepal, born in 1989 and 1984, respectively. On 1 June 2022 they made applications for entry clearance as the adult dependent children of their father, a former member of the Brigade of Gurkhas. Their applications were refused in decisions dated 3 November 2022 with reference to paragraph EC-DR of Appendix FM, and with reference to Article 8 of the ECHR.

             The appellants appealed the decisions and their appeals came before First-tier Tribunal Judge Moon at a hearing on 6 June 2023, following which their appeals were dismissed in a decision promulgated on 16 June 2023. Permission to appeal to the Upper Tribunal ("UT") was granted by a judge of the First-tier Tribunal ("FtT").

             Judge Moon referred at para 15 to the certificates in relation to the appellants' marital status which indicated that they were unmarried, are not in a relationship and have never been in a relationship or marriage. She found, however, that that was not consistent with the evidence given before Judge Nightingale in the first appellant's appeal where the evidence from the sponsor was that all of his daughters were married and had their own families at that time and that the first appellant lived alone in Nepal.

             In paras 17-21 Judge Moon referred to the oral and documentary evidence before her in relation to what employment the appellants have.

             In paras 22-28 she set out the evidence as to the appellants' financial circumstances. At paras 29-30 she referred to the evidence of contact between the appellants and their parents. At para 30 she found that there was evidence of frequent telephone calls "of some duration".