OA183612013

In a determination dated 3 rd September 2014 Judge of the First Tier Tribunal Boyes allowed the appeal of the appellant�s brother on Article 8 grounds but refused the appellant�s appeal on all grounds. The judge took into account the immigration history and stated that he did not consider that the second appellant had been separated from his parents by choice finding �the second appellant applied for entry clearance along with his parents in 2009 but his application was refused on 2 nd July 2010�. The judge took into account the immigration history in relation to the brother.

I found an error of law in First-tier Tribunal Judge Boyes� decision and set that decision aside but nonetheless preserved the findings at paragraphs 37 and the findings from 42 to 57.

The decision of Judge Boyes recorded that it was accepted that the appellant did not meet the requirements of the Immigration Rules.

Further to Gurung & Ors [2013] EWCA Civ 8 the Court of Appeal expressly adopted the approach taken in Ghising :

�45. Ultimately, the question whether an individual enjoys family life is one of fact and depends on a careful consideration of all the relevant facts of the particular case.�