OA105402012 & OA105412012

These appeals are subject to an anonymity order made by the First-tier Tribunal pursuant to rule 45(4)(i) of the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230). Neither party invited me to rescind the order and I continue it pursuant to rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698).

The appellants are citizens of Somalia. The first appellant was born on 21 April 1926 and the second appellant was born on 21 October 1994. The second appellant is the adopted daughter of the first appellant and they have lived together in Nairobi, Kenya since March 2009. The first appellant is the father of the sponsor (�AJ�). He came to the UK and was recognised as a refugee in 2001. He became a British citizen in 2007. He lives in the UK with his wife, who joined him in July 2005, and son who was born in the UK in 2010.

Subsequently, the ECO considered the appellants� appeals under the Family Reunion Policy but concluded that the policy could not apply as the sponsor was not a refugee but was a British citizen. Consequently, on 18 January 2011, the ECO again refused the appellants� applications.

The ECO now considered the appellant�s applications for entry clearance for a third time. On 8 December 2011, the ECO again refused each of the appellants� applications for entry clearance. Relying on the findings of Judge Murray, the ECO concluded that the appellants did not satisfy the requirements of the Family Reunion Policy on the basis that their circumstances were not �compelling, compassionate circumstances�. Further, in relation to Article 8 the ECO concluded that there was no reason to go behind Judge Murrays� findings and decision that Article 8 was not breached.

The appellants again appealed to the First-tier Tribunal. The appeal came before Judge A E Walker on 1 July 2013. The appellants again relied upon the Family Reunion Policy and Article 8 of the ECHR. In paragraph 29 of her determination, Judge Walker recorded: