Upper Tribunal -Immigration and Asylum Chamber- Appeal Numbers: OA/12687/2012
The Secretary of State appeals with permission against the decision of the First-tier Tribunal (Judge Malins) who in a decision promulgated on 29th November 2013 allowed the Respondent’s appeals against the decision to refuse entry clearance as family members of a person settled in the United Kingdom.
The history of the appeal can be shortly stated. The Sponsor, Mr Sheralam Mazloom, married Waranga Mazloom on 2nd March 2002 in Afghanistan. During the course of their marriage, four children were born including twin sons born on 6th January 2010 who are the Respondents to this appeal. The Sponsor left his home country of Afghanistan on 30th November 2005 and claimed asylum. He was granted refugee status thereafter and indefinite leave to remain was granted in or about August 2011. It is plain from the history given by the parties that the Sponsor and his wife lived together after he had left Afghanistan for periods of time in Pakistan in 2007, 2008, 2009 and 2011 until 9th February 2012. It was during one of those visits in 2009 that the two youngest children and the Respondents to this appeal were born. Thus they were born after he was granted refugee status.