VA002012014 & VA002042014

The factual matrix of this appeal is uncontroversial. The Appellants are brothers, both nationals of Pakistan, aged 29 and 21 years respectively. They applied to the Entry Clearance Officer of Karachi (the � ECO �) for a visa to enter the United Kingdom and remain for a period of 4 weeks. In their applications they represented that the purpose of their travel was to visit their grandfather�s grave and mourn with family members. Their applications were refused by the ECO, whose core reason for thus deciding was expressed as follows:

�� I am not satisfied that you have accurately presented your circumstances or intentions in wishing to enter the UK. This means that I am not satisfied that only a short visit is intended or that you will leave the UK at the end of the period stated.�

This was followed by a reference to paragraph 42(i) and (ii) of the Immigration Rules. The Appellants� mother made a similar application which was also refused but was granted upon review by the Entry Clearance Manager. As a result, her appeal to the First-tier Tribunal (�the FtT �) was not pursued.

�It is understandable that the Appellants may wish to visit family members in the UK during a period of mourning for their grandfather but not being able to do so does not amount to a breach of right to family life under Article 8. The Appellants� close family members, including their parents, are in Pakistan. The Appellants� established family life is in Pakistan. They have family members who have chosen to settle in the UK including three uncles but the Appellants have not had and do not have an established family life in the UK ����..

There has not been any evidence to demonstrate that the Appellants and their family members cannot maintain family ties as before or that family members in the UK cannot visit them in Pakistan.�