OA177222012

For the Appellant: Mr C Howells, Counsel instructed by N C Brothers & Co Solicitor,

On 17 June 2013, the appellant was granted permission to appeal to the Upper Tribunal against the determination of First-tier Tribunal Judge R J N B Morris, promulgated on 7 May 2013. Judge Morris dismissed the appellant�s appeal against the refusal of entry clearance dated 8 November 2012.

The appellant was born on 19 May 1982 and is a citizen of Nepal. She applied for entry clearance to join her father, who is settled in the United Kingdom because he was a former Gurkha soldier, on whom she is dependent. The entry clearance officer decided that she was not dependent on him and therefore she did not benefit from the immigration rules, immigration policies or article 8 ECHR.

Mr Howells conceded that Judge Morris did not make a legal error when determining the appeal in relation to para 317 of the Immigration Rules or when considering the immigration policies that applied. His arguments were that Judge Morris erred in a number of ways when determining the appeal in relation to article 8 ECHR. Mr Avery confirmed that the Entry Clearance Officer opposed the appeal.

Having heard from both Mr Howells and Mr Avery, and having considered the various arguments and documents, we are satisfied that Judge Morris made an error on a point of law when determining the appeal in relation to article 8. Our reasons are as follow.