OA041602013

For the reasons set out in paragraphs 5 to 11 of the determination the Judge accepted that the appeal was against the refusal of an application as an adult family dependent and not a refugee family reunion application.

i. I have not seen a contemporaneous birth certificate or any other reliable identification or other documents dating from the appellant's early childhood evidencing that the sponsor is the appellant's blood mother [27].

ii. I find the appellant has not discharged the burden of proof upon her to show she had lived in Eritrea, that she ever returned to Ethiopia, that she ever lived in a refugee camp and subsequently in Addis Ababa as claimed. In short I find she has not satisfactorily evidenced anything other than that she is an Ethiopian national [27].

iii. I find the sponsor is not the appellant's biological mother and that her husband is not the appellant's biological father. The evidence suggests there might very well be a relationship of some sort between the appellant and sponsor but the appellant has not discharged the burden of proof upon her to the required standard to prove what that relationship is [28].

iv. There are no exceptional compassionate circumstances which would justify granting leave to enter the United Kingdom outside the Immigration Rules. It was not accepted that the appellant has ever suffered the problems ultimately claimed by the sponsor. There are no compassionate circumstances to be considered in this case [28].