OA013072013 & OA013102013

Mani Sara Ale is 48 years of age having been born on 23 May 1965 and her son Rayan Ale is 19 years of age having been born on 25 April 1995. They are both citizens of Nepal. Mrs Ale is married to Shiram Ale who is the father of Rayan. Shiram Ale was a member of the Gurkha regiment of the British Army for a period of twelve years before his discharge in 1996. On 25 October 2006 he was granted a settlement visa. The visa was granted outside the Immigration Rules under a discretionary policy known as IDI Chapter 15, Section 2A, Annex A.

On 10 September 2012 Mani and Rayan Ale applied for entry clearance to the United Kingdom for the purposes of settlement as the spouse and dependant son respectively of Shiram Ale. Their applications were refused by the Entry Clearance Officer in a letter dated 19 November 2012. Those decisions were confirmed by the Entry Clearance Manager on 30 April 2013. Mani and Rayan Ale appealed against those decisions to the First-tier Tribunal.

Those grounds of appeal set out in full the relevant paragraphs of the Immigration Rules, and then appear to concede that neither of the Ales would have been able to succeed under them, as Shiram Ale had not been granted his visa under the Rules. The grounds properly refer to the discretionary policy and the relevant part of Annex A which is in these terms:

Discretion will normally be exercised and settlement granted in line with the main applicant for spouses, civil partners, unmarried and same sex partners and dependant children under the age of 18�.

Thereafter for reasons which are not altogether clear, reference is made to Article 8 and in particular the �historic injustice� described in R (Limbu) v SSHD [2008] EWCA 2261 (Admin).