UI2024005661 & UI2024005663 [2025] UKAITUR UI2024005661 (12 February 2025)

UI2024005661 & UI2024005663 [2025] UKAITUR UI2024005661 (12 February 2025)

The judge was entitled to find that the appellants' family life is in Nepal with their children and not with anyone in the UK in the Article 8 sense; no material errors in the First-tier Tribunal decision.

Source-derived case information.

Citation
[2025] UKAITUR UI2024005661
Parties
First Appellant: Purna Subba Gurung; Second Appellant: Rijen Gurung; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
12 February 2025
Procedural Posture
Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal
Outcome
appeal dismissed
Legal Topics
Article 8 ECHR, Family Life, Entry Clearance, Credibility Assessment
Immigration Human Rights Article 8 ECHR Family Life Entry Clearance Credibility Assessment

Source-derived case record

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Parties

Purna Subba Gurung

First Appellant

Rijen Gurung

Second Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal From First Tier Tribunal to Upper Tribunal

Legal Issues

  1. 1 Whether Article 8(1) ECHR is engaged by the appellants' relationship with the sponsor
  2. 2 Whether the First-tier Tribunal judge erred in assessing family life and dependency
  3. 3 Whether the judge failed to consider uncontested evidence regarding custody and mis-recorded evidence

Ratio Decidendi

The judge was entitled to find that the appellants' family life is in Nepal with their children and not with anyone in the UK in the Article 8 sense; no material errors in the First-tier Tribunal decision.

Court Disposition

appeal dismissed

Orders

  • Decision of First-tier Tribunal Judge upheld
  • No error of law found