OA035222014 & ors

The appellant in this case is the Secretary of State for the Home Department. However, for the sake of clarity, I shall use the titles by which the parties were known before the First-tier Tribunal, with the Secretary of State referred to as �the respondent�. Accordingly Mrs Shoukat, Mr Malik and Miss Malik will be referred to as the appellants.

No order for anonymity has been made hitherto in these proceedings and no application was made before me today. There is no need for such an order.

The appellants are citizens of Pakistan, born, respectively on 18 August 1979, 14 May 2009 and 9 September 2007. The first appellant is the mother of the second and third appellants.

They applied on 28 September 2013 for entry clearance. The first appellant�s application was under Appendix FM of the Immigration Rules HC 395 (as amended). Those applications were subsequently refused, although, for reasons not entirely clear to the Judge of the First-tier Tribunal, there are two refusal decisions dated 13 February 2014 and then 20 October 2014. The basis for each of those decisions is the same and the appeal before the First-tier Tribunal was therefore against them both.

The appellants� appeal was heard by Judge of the First-tier Tribunal Youngerwood who in a decision promulgated on 14 January 2015 allowed the appellants� appeals. The respondent sought permission to appeal relying on Section 13 of Appendix FM-SE on the basis that the judge had failed to have adequate regard to the requirements thereof with particular reference to Section 13(b)(ii).