UI2022005300 & UI2022005301

             The appellants are citizens of Pakistan. They appeal against the decision of First-tier Tribunal Judge Mensah ('the Judge') who in a decision dated 7 September 2022 dismissed their appeals against the respondent's decision to refuse them entry clearance.

             The appellants' application was based on the claim that their parents are both dead and that they live with their maternal grandmother in Pakistan. The sponsor is their maternal Aunt who took over responsibility for the children when her sister, the appellants' mother, died in 2019. At the date of the application they were 16 and 13, and 18 and 14 at the date of the appeal. The respondent refused their application on 21 November 2021.

             The appellants' submitted that they met the provisions of paragraph 297(1)(f) of the Immigration Rules, namely that there were serious and compelling family or other considerations which make their exclusion undesirable and suitable arrangements have been made for their care. The appellants further argued in the alternative that the respondent's refusal breached their Article 8 rights.

             The Judge dismissed their appeal on the basis:

'31. Taking the evidence together, I find the Appellants have failed to establish there are serious and compelling family or other considerations which make exclusion of the child undesirable. I accept Mrs Bibi would like to be relieved of the caring responsibilities but I do not accept she is not managing them at present. I also consider on the evidence the best interests of the second Appellant is that the status quo is maintained and she remain with her brother and grandmother in Pakistan where she is living a good life by Pakistan standards, and has continuity in her education and care.