UI2023003152

            The appellant appeals to the Upper Tribunal from the decision of First-tier Tribunal Judge Courtney promulgated on 28 April 2023 ("the Decision"). By the Decision, Judge Courtney dismissed the appellant's appeal against the decision of an Entry Clearance Officer made on 26 July 2022 to refuse her application made on 14 February 2022, when she was 42 years of age, for entry clearance to the UK as an adult dependent relative of her mother and sponsor, who is a widow of a former member of the Brigade of Gurkhas.

            In the refusal decision, the respondent relied upon the fact that the appellant could not meet her policy for entry as an adult child of a former Gurkha; she had not demonstrated that she required long-term personal care, and nor had she demonstrated that she was financially and emotionally dependent upon the sponsor beyond that normally expected between a parent and one of their adult children. So, it was not demonstrated that Article 8 was engaged.

            Even if it was to be accepted that refusal might be an interference with established family and private life, the refusal was proportionate as any historical injustice had not prevented the appellant from leading a normal life.

            The renewed grounds of appeal to this Tribunal assert in a single ground of appeal that the Judge failed to properly consider the evidence resulting in a flawed assessment of whether Article 8(1) was engaged.

            Permission to appeal was granted by Upper Tribunal Judge Bulpitt, and accordingly the appeal came before me to determine whether an error of law was made out. After hearing from the representatives, I reserved my decision. Regrettably, this has been delayed due to some periods of ill-health.