Case No. UKUT-00133-(IAC)

37.Mr Turner relied on the observation by Upper Tribunal Judge Perkins that there was “some published guidance defining “family members” and that definition did not extend to siblings.” If this was correct, the agent would have been correct to advise the applicant of the same, and it was therefore “highly flawed to then penalise the Applicant simply for following the advice given by the agent.” It was irrational for the respondent to conclude that false representations occurred when her own guidance policy verified that family members do not extend to siblings.38.In his written submissions Mr Turner referred to several guidance documents published by the respondent. These included ‘Student and Child Student’ guidance note published on 6 April 2021 (we note that this post-dated the decisions under challenge), Appendix 1 to the form VAF4A (relating to family settlement), and guidance notes for the form VAF2 (relating to visas for work, study and for dependents). Mr Turner additionally relied on other guidance notes including those in respect of family reunion applications, applications by students, dependent family members of Tier 1 migrants, Appendix FM, and family reunion in respect of dependents of refugees. None of these contained any reference to a sibling as a family member.39.Mr Turner submitted that the absence of any reference to a sibling as a family member in the aforementioned guidance entitled the applicant to infer that siblings did not fall to be considered as ‘family’ for the purposes of his immigration application. Mr Turner relied on a statement dated 5 November 2021 from Stuart Ouseley, a Policy Officer employed at the Simplification and Systems Unit of the Home Office, accepting that there was no definition of ‘family in the UK’ provided in the student guidance because entry as students did not depend on any familial relationship as the basis of the grant of leave. Mr Turner noted however that the guidance listed a select number of categories as family members and did not state that it was a non-exhaustive list.