OA091092013 & OA091122013

These are appeals by Mr Ishtiaq Ahmed and Mrs Mehrun Nisa, citizens of Pakistan, husband and wife, born 1 st July 1945 and 1 st January 1950 respectively. They appeal against the determination of First-tier Tribunal Judge Moore issued on 17 th April 2014 dismissing under the Immigration Rules and on human rights grounds their appeals against the decision of the Respondent made on 12 th March 2013 to refuse entry clearance as adult dependent relatives under Appendix FM of the Immigration Rules. The Rule applied in this case was EC-DR1.1.

On 10 th June 2014 a Judge of the First-tier Tribunal granted permission to appeal. She said:

The ground relating to the Immigration Rules is thinner. Whilst it appears from the end of paragraph 36 determination that the Judge reached his finding under the Immigration Rules on the basis of the nursing care that the Appellants were receiving in Pakistan, there appears to have been no evidence provided which met the requirements of the Immigration Rules that the required level of care was not available in Pakistan.

At the hearing before me Ms Daykin submitted that it is clear from the evidence that was given at the hearing before Judge Moore that only two hours of help is given by the nurse and that the rest of the care is provided by the family. The Judge did not factor the constant care of the Appellants� sons into his assessment. Oral evidence to this effect was given. She conceded that perhaps the requirements of FM-SE have not been met but these factors are relevant to Article 8.

The position of Mr Avery was that the Appellants cannot meet the requirements of the Rules. No evidence was provided of the amount of care required or that it is not available.