OA018842013 & ors

The Appellants, nationals of Somalia whose stated dates of birth are respectively 5 July 1999, 15 March 2004 and 12 May 2005, appealed against the Respondent�s decisions in November and September 2012 to refuse entry clearance for the purposes of settlement. Their appeals came before First-tier Tribunal Judge Scott-Baker (the judge) who, on 20 January 2014, dismissed their appeals under the Immigration Rules and Article 8 of the ECHR. Permission to appeal their decisions was given by First-tier Tribunal Judge Lambert on 7 April 2014.

�� I do not find these decisions amount to an interference of rights protected by Article 8 as it has been the parties� choice that the family should be separated whilst the immigration process is undertaken and the decision merely maintains the status quo.�

As Mr Whitwell points out there is a particular reference to the second Appellant�s diabetic health issues being considered by the judge: The judge made reference to the refusal of entry clearance of that Appellant not amounting to a violation of rights protected by the ECHR or as she put it �the doctrine of the best interests of the child�.

In those circumstances it was said by the judge that there was no evidence before her to establish the children�s circumstances in Ethiopia had changed. The difficulty with that reasoning, even if it was to be accepted, were the references by the Sponsor and her husband concerns about the children�s present circumstances and the lack of adequate reasons for rejecting the same.

I find that there is an error of law by the judge in failing to give proper reasons which were sufficient and adequate for rejecting the concerns about the well-being of the children. See R (Iran) [2005] EWCA Civ 982 and E and R [2004] QB 1044 CA.