OA095342013

For the Appellant: Mr G Duncan, Counsel instructed by N C Brothers & Co Solicitors

The appellant appeals to the Upper Tribunal from the decision of the First-tier Tribunal dismissing his appeal on Article 8 grounds against the refusal of entry clearance for the purposes of settlement as a dependent of a Gurkha veteran. The First-tier Tribunal did not make an anonymity direction, and I do not consider that such a direction is warranted for these proceedings in the Upper Tribunal.

The appellant is a national of Nepal, whose date of birth is 24 October 1985. His father, Mr Kesh Bhadur Pun, is a former Gurkha soldier. In 2006 he entered the United Kingdom with his wife, the appellant�s mother, as a visitor. He then made an in-country application for leave to remain as a former Gurkha soldier, and his wife joined in the application as his dependant. The application was successful.

The appellant�s solicitors settled a notice of appeal on the appellant�s behalf in November 2007 arguing that the Entry Clearance Officer had failed to apply the discretionary criteria contained in chapter 29 of the Diplomatic Service Procedures. Accordingly the refusal decision was unlawful, and it also was a breach of the appellant�s rights under Article 8 of the ECHR.

The appeal eventually came before Judge Kimnell sitting at Hatton Cross on 21 July 2010. Both parties were legally represented. The sponsor gave oral evidence. He had arrived in the UK in September 2006. He had previously lived in the United Kingdom in 1979 and 1986 whilst serving in the British Army. His son had recovered by October 2007. From time to time after 2005 his son�s health had not been okay. But he was able to work. The appellant had left school and had begun a computer course.