UI2023003016 & UI2023003017

              This is an appeal against the decision of First-tier Tribunal Judge Buckwell ("the Judge"). The appellants, Aarie John Samuel and Anam George Yuhanna are the sons of the sponsor, Ms Sam who has appeared to represent her sons today. I am grateful for both her submissions in relation to her difficult family situation and to Mr Melvin for his clear and concise submissions.

              The two Appellants are citizens of India who have appealed on human rights grounds against the Respondent's decision dated 30 September 2022 in which the Home Office refused their applications for entry clearance in order to join their mother, the sponsor, who is a British citizen born on 25 May 1974.

              Judge Buckwell allowed the appellants' appeal finding under paragraph 297(i)(e) that the sponsor had sole responsibility for her children's upbringing and therefore granted entry clearance. The Secretary of State appeals against that decision with permission granted by Judge Hollings-Tennant on 26 July 2023.

"(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care".

              Given that material error law I must find that there is an error of law in the approach the judge took to the sole responsibility issue.