OA082892015

In this appeal the Appellant is the Entry Clearance Officer - Lagos (ECO) and the Respondent is referred to as "the Claimant".

An appeal was made by the Claimant against the decision of the ECO, dated 28 April 2015, to refuse entry clearance as a dependent child of a person settled in the UK with reference to paragraph 297 of the Immigration Rules (the Rules).

The application was dealt with on that basis because, looking at the documentation it appeared that the application, on the basis of the 'additional representations' made, was made as a child seeking to join a parent settled in the UK with reference to paragraph 297 of the Rules

It is clear that in fact the route for the application, as an adult dependent relative could no longer be made under paragraph 317 of the Rules, but under Appendix FM of the Rules as amended. In the appeal against the ECO's decision FtT Judge James (the Judge) in her decision, promulgated on 29 November 2016 said [at D9]:-

"The main problem with the reasons for refusal is that the Respondent (ECO's) has singularly failed to consider this application under the correct rule. Although the Appellant is an adult there is only reference to the rule applicable to a minor child of a parent present and settled in the UK, under Paragraph 297. There is a total failure to consider this application under the rule, which apples to an adult dependent child, under the relevant rule as at date of refusal i.e. Paragraph 317 of the Rules. In particular in regards to Paragraph 317(1)(f)."