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In this determination the parties are hereafter referred to as they were before the First-tier Tribunal so that Mr Gamadid and Mr Farah are known as the appellants and the Entry Clearance Officer Nairobi is referred to as the respondent.
The appellants appealed the respondent�s decisions made on 21 March 2012 under paragraph 319V of HC 395 to refuse them leave to enter the United Kingdom as the dependent relatives of a person with leave to remain here as a refugee.
The judge hearing the appeals dismissed both appeals under the Immigration Rules but allowed them on human rights grounds. The respondent sought permission to appeal and in granting that permission the judge doing so stated at paragraph 2 that the grounds for permission contend that the judge erred in his Article 8 assessment as follows:
(1) by materially misdirecting himself in law, essentially in that he �had no regard at all to the relevant sections of the Immigration Rules� thus rendering his decision �incomplete and �. also unsustainable as it failed to consider a key element in the assessment of this case�; and
(2) by failing to give reasons or adequate reasons for findings on material matters, namely
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