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The claimants, Daher Midaa, date of birth 9.6.44, and his wife, Terez Egho, date of birth 1.1.51, are citizens of Syria.
This is the appeal of the Entry Clearance Officer against the determination of First-tier Tribunal Judge Mulvenna, who allowed the claimants appeals against the decisions of the Entry Clearance Officer, dated 23.3.13, to refuse entry clearance to the United Kingdom as family visitors pursuant to paragraph 41 of the Immigration Rules. The Judge heard the appeal on 31.3.14.
Only the appeals of the first two of the four claimants are listed before me, Judge Mulvenna having dismissed the appeals of the third and fourth appellants who had since sought asylum in Sweden.
The grounds of appeal point out that the judge made two erroneous statements at �14 and �27, to the effect that the Entry Clearance Officer/ Secretary of State did not challenge the sponsor�s evidence as to accommodation and maintenance or that the appellants would return. The refusal decision and the record of proceeding show that the representative did challenge both issues. In the circumstances, it may be that the First-tier Tribunal Judge has failed to take into account the challenges to both issues.
I am satisfied that there are such errors in the making of the decision of the First-tier Tribunal that it should be set aside and remade.
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