IA001732014

This is an appeal against the determination of First-tier Tribunal Judge Dineen, promulgated on 17 th October 2014, following a hearing at Hatton Cross on 6 th June 2014. In the determination, the judge allowed the appeal of Mrs Juliet Yeboah Agyarko. The Respondent Secretary of State subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The judge considered the case for the Respondent, but there was no sufficient evidence to show that Mr Buckman does not have a primary care of Ethan-Joseph; that it was not credible that Mr Buckman would not assume care of Ethan-Joseph if the Appellant were to leave the UK; and that the Appellant had a bad immigration history, having been in the UK since 2007 unlawfully.

The grounds of application state that the judge was wrong to rely upon the letter of 23 rd January 2013 from the Sponsor�s welfare officer because this was about a year old before the hearing and it could not be said at the date of the hearing that the father of the child would not be present in the United Kingdom to look after the child.

At the hearing before me on 14 th January 2015, Miss Isherwood, appearing on behalf of the Respondent Secretary of State, stated that one had to start with the refusal letter because this set out the lack of evidence which had led the Secretary of State to refuse the application. This was exactly the same position before the judge at the time of the hearing. The following points had been made.

First, that any unwillingness to assume care responsibility (in the case for example, of the father, Mr Buckman, here) is not, by itself, sufficient for the claimed primary carer to assert that another direct relative or guardian is unable to care for the British citizen.