OA100872013 & Ors.

The appellants, at the date of their applications on February 11, 2013 were aged 24, 15, 17, 19, and 13 respectively, and are citizens of the Democratic Republic of Congo. They each applied for entry clearance to join their parents who reside in the United Kingdom with the appellants� seven-year-old sibling. The respondent refused all of their applications in separate refusal letters dated March 20, 2013.

The first and fourth-named appellants� applications, as adults, were considered under Appendix FM of the Immigration Rules but were refused as the respondent was not satisfied they satisfied the requirements of paragraph E-ECDR of Appendix FM.

The remaining appellants� applications were considered under paragraph 297 HC 395 but were refused as the respondent was not satisfied they satisfied the requirements of paragraph 297 HC 395. Additionally, the applications of the second and third-named appellants were refused under paragraph 320(3) HC 395.

The appellants appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on April 25, 2013 and on July 4, 2014 Judge of the First Tier Tribunal Ferguson (hereinafter referred to as the �FtTJ�) heard their appeals and in determination promulgated on August 27, 2014 he refused their claims under the Immigration Rules and article 8 ECHR.

The appellants lodged grounds of appeal on September 26, 2014 and on October 7, 2014 Judge of the First-tier Tribunal Omotosho gave permission to appeal on the basis the FtTJ�s approach to article 8 was possibly flawed.