OA062732015

The anonymity order imposed by the Upper Tribunal in its decision dated 23 February 2017 remains in force.

The appellant is a citizen of the Gambia who was born on 17 May 2007. On 2 March 2015, she applied for entry clearance to settle in the UK under para 297 of the Immigration Rules (HC 395 as amended) on the basis that both her parents were settled in the UK. On 19 March 2015, the Entry Clearance Officer refused her application. That decision was affirmed by the Entry Clearance Manager on 22 June 2015.

The appellant appealed to the First-tier Tribunal. Judge Lodge dismissed her appeal under para 297 and also under Art 8. On 23 September 2016, the First-tier Tribunal granted the appellant permission to appeal to the Upper Tribunal.

In a decision dated 23 February 2017 the Upper Tribunal (UTJs Grubb and Chalkley) concluded that the First-tier Tribunal had erred in law in dismissing the appellant's appeal under the Immigration Rules. The full reasons are set out in the Upper Tribunal's decision and it is not necessary to repeat them here. The Upper Tribunal set aside the First-tier Tribunal Judge's decision and adjourned the appeal for a resumed hearing before the Upper Tribunal in order to remake the decision under para 297.

In its earlier decision at paras 16-19, the Upper Tribunal made clear that the only outstanding matters in relation to para 297 were those in sub-paras (iv) and (v), namely whether the appellant had established that she met the maintenance and accommodation requirements of the Rules.