OA000292016 & Ors.

The appellants appeal with permission against the decision of First-tier Tribunal Judge C H Bennett promulgated on 10 November 2017 in which he dismissed their appeals against the decisions of the respondent to refuse them entry clearance.

DO and SO (the first and second appellants) are the children of Mrs HS; AD (the third appellant) is the daughter of another of Mrs HS' daughters and so DO and SO are AD's maternal aunt and uncle.

At some point in 2014, the appellants applied for Entry Clearance to join HS in the United Kingdom. As at that date, Mr DO was 27; Miss SO 23 and Miss AD 10. They were living together as a family unit in Addis Ababa. It is the applicant's case that the older two had been forced to leave Somalia as a result of the Civil War; that the conditions in which they live very poor, and that

The applications were refused under the Immigration Rules, and at the hearing before the First-tier Tribunal, Mr Toal conceded that the appellants could not meet the requirements of the rules - see paragraph 8 of the decision.

The judge found [31], after an analysis of the evidence of the appellant's circumstances in Ethiopia, that the conditions in which the appellants live in Ethiopia did not involve them in substantial hardship, or that any such hardship was of such severity that, consistently with the United Kingdom's obligations under article 8, discretion to grant them leave to enter outside the Immigration Rules should be granted. Those findings are not challenged