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In this determination the Appellant is referred to as the ECO and the Respondent is referred to as the Claimant.
The Claimant, a national of Iraq, date of birth 1 July 1948, appealed against the Respondent's decision, dated 17 August 2012, to refuse entry clearance as a dependent relative with reference to paragraph 317 of the Immigration Rules HC 395 as amended (the Rules).
Refusal was with reference to whether or not the Claimant was mainly or wholly financially dependent upon the Sponsor, her son, present and settled in the United Kingdom, with reference to paragraph 317(iii) and as to her age, with reference to paragraph 317(i)(e).
The Entry Clearance Officer�s decision was appealed and that appeal came before First-tier Tribunal Judge R Callender Smith who, on 6 May 2014, allowed the appeal under the Immigration Rules.
The issue of the Appellant's age was resolved and therefore no longer remained an issue as a result of Entry Clearance Manager's review. The only issue remaining was whether or not the Claimant was wholly or mainly dependent upon the UK Sponsor.
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