UI2023002517 & Others

             The appellants are a family unit. The order in which they are listed above mirrors the decision of the First-tier Tribunal, but which does not reflect their ages in chronological order. The appellants are nationals of Afghanistan born in 1986, 2006, 2016, 2008 and 2014 respectively. The first appellant is the biological mother of the other appellants. Mr Shamshad Youssoufzai, ("the sponsor"), is claimed to be the spouse of the first appellant and is the biological father of the other appellants.

             On 27 September 2021 the appellants made an application for entry clearance under paragraph 352A and 352D of the Immigration Rules ("the Rules") in order to join the sponsor. In other words, this was a refugee family reunion application.

             The respondent refused the application in decisions dated 11 January 2022 and 11 February 2022. Essentially, the respondent was not satisfied that the appellants met the requirements of the Rules in terms of their relationship to the sponsor as spouse and children respectively, and further in terms of whether the first and second appellants were part of the sponsor's preflight family unit; the third, fourth and fifth appellants being born after the sponsor left Afghanistan.

             The appellants appealed against that decision and their consolidated appeals came before First-tier Tribunal Judge Shakespeare ("the FtJ") at a hearing on 28 April 2023. I will come to the FTJ's reasons for dismissing the appeal below. Permission to appeal was granted by the First-tier Tribunal on 3 July 2023 on the basis of arguable errors in the FtJ's consideration of the evidence. The respondent did not file a Rule 24 response.

             I do not recite all of the submissions except to explain why I have reached my decision. There are four grounds of appeal. For reasons that will become apparent, I consider them in reverse order.