OA151772013

The Secretary of the State is the appellant to this appeal but for the sake of consistency I refer to her as the respondent and to the original appellant as such.

The appellant is a 27 year old citizen of Nepal born on 28 August 1987. In a determination promulgated on 5 August 2014 in the First-tier Tribunal, Judge Beg allowed his appeal against the Entry Clearance Officer�s decision refusing him entry clearance to the United Kingdom for settlement as the dependent son of a former Gurkha soldier. The appeal was dismissed under the Immigration Rules but allowed, outside the Rules, under Article 8 of the ECHR.

The grounds seeking permission to appeal argue that the judge erred in that she �made no case specific findings as to case specific arguably good grounds and compelling circumstances not sufficiently recognised under the Rules and proceeded simply to undertake a freestanding Article 8 assessment�. On 28 August 2014 First-tier Tribunal Judge T R P Hollingworth granted permission to appeal for the following specific reason:

�It is arguable the judge focussed too heavily on the �historic injustice� aspect of the appeal. Ignoring the fact the appellant introduced documents with his application that were false. And giving insufficient reasons why there were compelling or exceptional circumstances pursuant to Article 8�.

I reserve my decision and have since reviewed all the evidence that had been before the First-tier Tribunal as well as the submissions that were made to me.