OA088262014

This is an appeal against a determination of First-tier Tribunal Judge S D Lloyd, promulgated on 30 th March 2015, following a hearing at Sheldon Court, Birmingham on 18 th February 2015. In the determination, the judge dismissed the appeal of the Appellant. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matters come before me.

The Appellant is a male, a citizen of Somalia, who was born on 22 nd October 1982. He applied for entry clearance to join his spouse, Mrs Latifa Amir Sharif, who had entered the UK on 27 th December 2014 with limited leave to remain on the basis of humanitarian protection, but the application was refused on 27 th May 2014.

DNA evidence has been provided showing that the Appellant is indeed the father of Yousuf (see paragraph 8). The Sponsor was able to contact the Appellant after she left, finding him at the camp so that he was left with contact details, and when the Appellant returned to make enquiries he was able to contact the Sponsor in the UK (see paragraph 9). The Appellant now contends that he meets the criteria of the Immigration Rules for family reunion with his spouse and he also relies upon Article 8 ECHR rights (see paragraph 11).

"I accept the Sponsor's evidence as broadly consistent with the other available evidence. The evidence weighing in favour of the Appellant is that a DNA test has confirmed the paternity of the Sponsor's child as the Appellant, and of course the spouse's statement. There are some receipts for money transfers dated 12 th February 2013, 5 th February 2014, 1 st March 2014 and 4 th March 2014. There is also another receipt which has the date partially cut off, but reads 2013. I suspect this is a duplicate ..."(paragraph 29).

The main issue in the appeal was, "as to whether the Appellant and the Sponsor are married" (paragraph 28).