OA018332013 & Ors.

The Appellants are a mother and her three children from Bangladesh. One of the children, who is the fourth Appellant, appeals against a decision of the Respondent of 1 September 2013 refusing an application for a certificate of entitlement to the right of abode in the UK. The other Appellants appeal against decisions of the Respondent of 21 November 2012 refusing their application for entry clearance to the UK as the wife and children of their husband and father as a person present and settled in the UK.

The appeal was heard by Judge Howard sitting at Hatton Cross on 28 July 2014. The Appellants were represented by Mr L Youssefzan, who appeared before me. In a determination promulgated on 22 August 2014 the appeals of the first, second and third Appellants were dismissed, whilst that of the fourth Appellant was allowed.

Permission to appeal was refused by Judge Davies on 20 October 2014 and granted to the first to third Appellants on second application by Judge Goldstein on 12 February 2014 in the following terms:

�1. The renewed grounds amplify but otherwise continue to rely upon the original grounds submitted in support of the first application for permission to appeal, and also challenge the reasoning of the First-tier Tribunal Judge who refused such permission.

I am persuaded that it is arguable that the First-tier Tribunal, may have made an error of law in failing to give adequate reasons for its findings on material matters: failed to resolve the issue as to whether the Respondent�s refusal under paragraph 320(7A) was appropriate, not least in light of the concession made at the hearing; that in turn, raises arguable issues as to whether the First-tier Judge was entitled in law to reach the conclusions that he did for the reasons given.