UI2023001085

             The appellant appeals against a decision of the Secretary of State made on 14 February 2022 to refuse her entry clearance to the United Kingdom to settle with her parents.

             The appellant is a citizen of Nepal born on 27 July 1969 who applied together with her mother for entry clearance to the United Kingdom as dependent family members of her late father, a Gurkha soldier, on 14 August 2018.

             It is not in dispute that the appellant's father served in the British Gurkha regiment from 23 December 1961 to 26 July 1976. He died on 24 February 2016 and at that point he was married to the appellant's mother, his second wife. The appellant's father's first wife died on 6 January 2014 and his third wife, whom he married on 22 June 2015, survived him.

             The mother's application was successful but the appellant's application was refused on 29 October 2018 on the basis that she did not meet the requirements for a grant of leave to remain under the Immigration Rules nor under the Gurkha policy. It was not accepted that the appellant had a family life with her mother for the purposes of the Human Rights Convention. She appealed against that decision.

             The appeal to the First-tier Tribunal against the 2018 decision was dismissed by First-tier Tribunal Judge Scolly on 16 July 2019. The appellant applied successfully for permission to appeal against that decision to the Upper Tribunal.