EA & Ors v The Entry Clearance Officer

Facts

The appellants EA, WA and TA sought entry clearance to join FA, EA's adult son and the older brother of WA and TA, in the United Kingdom. FA had fled Syria in 2021 fearing military service and was recognised in the UK as a refugee. The family had consisted of EA's husband — said to have been missing since 2018 — four sons including FA, WA and TA, and a daughter, AA. On 6 February 2024 the appellants applied for family reunion to join FA, together with AA. The Entry Clearance Officer refused the applications on 18 September 2024, finding that none of the appellants was related to the sponsor in a way recognised under Appendix Family Reunion of the Immigration Rules, and that there were no compelling or compassionate factors warranting a grant outside the Rules. Because the refusals were human rights decisions they carried rights of appeal, and the sponsor lodged appeals. He believed he had also appealed for AA, but no appeal for her had been received and the tribunal accordingly had no jurisdiction in respect of her. No evidence was filed until August 2026, when newly instructed solicitors uploaded a bundle including a statement from FA disclosing a fatwa said to have been declared against the family in June 2026 and their flight to a refugee camp. Before the First-tier Tribunal it was accepted that the Rules were not met and the case was argued outside the Rules only.