IA007892014

This is an appeal against the decision of First-tier Tribunal Judge S J Clarke promulgated on 1 st May 2014, following at hearing at Hatton Cross on 11 th April 2014. In the determination, the judge dismissed the appeal of Ms Yuxia Wang, who subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a citizen of China who was born on 27 th February 1971. She appealed against the decision of the Respondent Secretary of State to refuse her a derivative residence card on 9 th January 2013 on the basis that she was a third country national, who stood to benefit from the ECA judgment in Ruiz Zambrano (C-34/09) , because she is the primary carer of her British citizen child, Zihao Xu.

The Appellant�s claim is that she is the mother of Zihao Xu, who is a British citizen child, and with whom she lives and whom she cares for. Her husband, the father of Zihao Xu, did not want the child, and he wanted the Appellant to have an abortion, which ended their relationship prior to the birth of the child. He, Feng Xu, is also a British citizen having been naturalised in this country.

The judge had regard to a letter written by the Appellant on 14 th November 2012 that her father did not want the child, had never supported her or the child financially or emotionally, but the Respondent Secretary of State did not accept the contents of this letter, and refused to grant the Appellant a derivative residence card on 9 th January 2013.

At the hearing before the judge, there was evidence that the Appellant had come to the UK for studies, which her parents had financed with some difficulty, and she supported herself with rental income from some of the properties that she owned in China, and also had some savings. The judge heard evidence that the Appellant had to beg the child�s father to attend the registration of the birth, which he did attend, but he was not married and is not working at present.