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Pun & others (Gurkhas – policy- article 8) Nepal [2011[ UKUT 00377 (IAC)

DATE: 03 Oct 2011

Upper Tribunal

Chris Jacobs acted for the three Respondent adult children of Gurkha veteran, who were prevented from joining their parents and siblings in the United Kingdom by the application of the policy in Chapter 29(4) of the Diplomatic Service Procedures and through an application of Article 8 ECHR. The Upper Tribunal held that the policy relating to adult dependants of former members of HM forces creates a broad discretion, but not a presumption where one or more factors within the policy are satisfied. Importantly the Tribunal held that where an applicant succeeds under Article 8 (and an applicant will usually succeed where financial dependency is established) that issue falls to be allowed outright and must not be remitted to an ECO for fresh consideration.