IA129192021 & IA129172021

For the Respondent: Ms J Howorth, Legal Representative from Immigration Joss, Immigration Consultants

             This is an appeal by the Secretary of State against the decision of the First-tier Tribunal allowing on human rights grounds, the appeal of the respondents, hereinafter "the claimants", against the decision of the Secretary of State on 6 July 2021 refusing them entry clearance to the United Kingdom.

             The First-tier Tribunal Judge allowed the appeals because, in her judgment, the claimants did satisfy the requirements of the necessary Rules, but even if she were wrong about that, she expressly allowed the appeal on the alternative basis that in any event the decision of the Secretary of State interfered disproportionately with the rights of the claimants under Article 8 of the European Convention on Human Rights.

             The appellants are citizens of Morocco. The appellant in UI-2022-000200, hereinafter the "first claimant" is the infant son of the second claimant, being the claimant in appeal UI-2022-000201. The first claimant was born in January 2020 and the second claimant was born in October 1996.

             Ms Howorth had produced a skeleton argument for the First-tier Tribunal and the Section headed "Background" is, I find particularly apt and I set out part of it below. This shows that the second claimant is the mother of the first claimant and they both applied for leave to enter the United Kingdom as the child and spouse of their sponsor, who is a person settled and living in the United Kingdom. The Secretary of State refused the applications because the financial requirements were not met and: