OA213282013 & Ors.

The appellants, the sponsor's father, step-mother/aunt, grandmother and three brothers, are nationals of Syria. They have been given permission to appeal against the decision of First-tier Tribunal Judge Row dismissing their appeals against the respondent's decisions of 7 October 2013 to refuse them entry clearance to the United Kingdom for family reunion.

The appellants applied, in June 2013, for entry clearance to the United Kingdom to join the sponsor, Aalae Alkhalil, who had been granted refugee status in April 2013 after leaving Syria in 2008 in order to study for a Ph.D in the United Kingdom. Their applications were refused by the respondent on 7 October 2013 on the grounds that they could not meet the requirements of paragraph 319V of the Immigration Rules and that there were no exceptional circumstances justifying a grant of leave outside the Rules.

In their grounds of appeal against the respondent's decision, the appellants relied upon the deteriorating situation in Syria in asserting that the decisions were in breach of the sponsor's right to a family life under Article 8 of the ECHR and asserted that the financial circumstances of the family were not relevant in considering family reunion.

Permission to appeal to the Upper Tribunal was sought on the grounds that the judge had failed to consider the application of the Home Office policy, aside from an Article 8 consideration, and that the Article 8 assessment was inadequate.

Permission to appeal was granted on 4 March 2015 in relation to the family reunion concession.