OA030652015

The appellant is a citizen of Somalia whose date of birth is recorded as 1 January 1948. She has been given permission to appeal against the decision of First-tier Tribunal Judge Oliver dismissing her appeal against the respondent's decision to refuse her application for entry clearance.

The appellant appealed against that decision, asserting in her grounds of appeal that she had submitted her original TB certificate with her application and confirming that evidence of the sponsor's ability to accommodate and maintain her had been produced.

The appeal was heard by First-tier Tribunal Judge Oliver on 1 November 2016. The sponsor, Mr Ahmed, gave evidence before the judge, providing details of the everyday tasks his mother was unable to perform. The sponsor said that his mother required medical support and he produced evidence of money remittances he had sent to her, but which had been misused by the providers. His mother had returned home from Ethiopia.

Judge Oliver expressed sympathy for the sponsor but noted that there was a lack of evidence before him and, given the specific requirement for evidence as set out at Appendix FM-SE paragraphs 33 to 35, concluded that the appellant had failed to meet the burden of proof under the immigration rules and had failed to demonstrate anything exceptional about her circumstances.

Permission to appeal to the Upper Tribunal was sought by the sponsor on behalf of the appellant, on the grounds that he had evidence to prove his mother's medical condition and that he had provided her TB certificate. Further evidence was subsequently produced under cover of a letter from Aden & Co Solicitors dated 14 June 2017.