VA075662013 & VA075672013

This matter comes before me to consider whether or not there is a material error of law in the First Tier Tribunal decision. This is an appeal by the Secretary of State for the Home Department (SSHD) against a determination promulgated on 24 April 2014 by First Tier Tribunal (Judge Stokes) who allowed the appeals under the Immigration Rules as family visitors pursuant to paragraph 41 HC 395(as amended).

The claimants are minors, whose dates of birth are 4.10.2010 and 24.6.2012, and are citizens of Morocco. Their father was the main claimant. His appeal and that of his wife (as dependent) was also allowed under the rules by the Tribunal. The father was the brother of the sponsor and met the requirements of Immigration Appeals (Family visitor) Regulations 2012.

The reasons for refusal in respect of the main claimant relied on paragraph 41(i)(ii)(vi)(vii) raising concerns as to finances circumstances. The same reasons for refusal were relied on for the claimants applications and reference was made to paragraph 46(a)(iv); failing to demonstrate suitable arrangements for travel. The notice of immigration decisions gave a limited right of appeal under section 84(1)(c) Nationality Immigration & Asylum Act 2002.

The grounds of appeal argued that the Tribunal had no jurisdiction to hear the claimants appeals which attracted a limited right of appeal only. Their applications were made after the introduction of Immigration Appeals (Family visitor) Regulations 2012. The claimants did not come within the class of persons defined as a family member. The sponsor was their uncle.

Permission was granted on 13.6.2014 that the grounds were arguable and that the Judge failed to make findings under Article 8 ECHR.