OA084842012 & OA084852012

The appellants appeal with permission against the determination of First-tier Tribunal Judge Suchak promulgated on 1 March 2013 dismissing their appeal against the decision of the respondent not to grant them entry clearance to the United Kingdom as the dependants of their mother who is settled in the United Kingdom.

The first appellant was born on 11 October 1984; the second appellant on 8 December 1989. Both are citizens of Nepal and are brother and sister. The appellants� mother is a widow who on 23 September 2009 was granted indefinite leave to enter the United Kingdom pursuant to the concession offered to the widows of ex-Gurkhas, outside the Immigration Rules. The appellants� father had served in the Gurkhas, retiring in 1994. He unfortunately died on 18 November 2003.

The appellants appealed against these decisions on the basis that they constituted a breach of the appellants� and their mother�s rights to respect for their family and private lives.

The appeals were heard by Judge Suchak on 20 February 2013. Both parties were represented by Counsel. The judge found that:

(i) the appellants were adults at the time their mother made an application for entry clearance and that she was aware that this would leave them in Nepal; that it was 21 months later that the appellants applied for entry clearance to join their mother and in the circumstances, at the date of applications, there was no family life between the appellants and their mother [33];