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This is an appeal to the Upper Tribunal, with permission, by the Respondent with regard to a determination of the First-tier Tribunal (Judge Canavan) promulgated on 23rd April 2014. In the determination the Judge allowed the appeal on human rights grounds in relation to four of the Appellants and under the Immigration Rules in relation to the third Appellant, E.
Although this appeal to the Upper Tribunal is the Secretary of State�s appeal, for the sake of continuity and clarity I will continue to refer to the Secretary of State as the Respondent and the family as the Appellants.
The first Appellant is married to the second Appellant and the third, fourth and fifth are their three children, all of whom were born in the UK.
Mrs P is aged 33 and her husband 38. The three children were born in the UK in 2006 2007 and 2012 and are therefore now aged 8, 7 and 1.
The husband came to the UK first in 2002 as a student with leave until 2004. His wife, the first Appellant came to the UK as a visitor in 2003 and then obtained leave to remain as a student until 2005. Their visas were then extended until April 2010 when they were no longer eligible and after that they overstayed.
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