OA057942014

The appellant is a citizen of Algeria. Her date of birth is 01 August 1996. She appealed against the respondent's decision dated 02 April 2014 to refuse her entry clearance as the dependent child of a person who is present and settled in the United Kingdom. First-tier Tribunal Judge Wellesley-Cole dismissed the appeal in a decision promulgated on 19 January 2015. On 17 June 2015 the Upper Tribunal found that the First-tier Tribunal decision involved the making of an error of law and set aside the decision. The appeal now comes before the Upper Tribunal to re-make the decision.

I have had the opportunity of hearing evidence from the appellant's mother and sponsor Ms Kheira Meftah. I have also heard submissions from both parties. The relevant details will be incorporated into my findings.

The remaining issue for determination in this appeal is whether the sponsor has sole responsibility for the appellant within the meaning of the immigration rules. Since Ms Meftah came to the UK in 2011 the appellant has been living with her grandparents.

In TD (Paragraph 297(i)(e): "sole responsibility") Yemen [2006] UKAIT 00049 the Tribunal summarised its findings as follows:

For the reasons given above I am satisfied on the balance of probabilities that the sponsor has sole responsibility for the appellant within the meaning given in paragraph 297(i)(e) of the immigration rules albeit that as a matter of practicality the appellant remained in the joint family household with her grandparents when her mother came to the UK in 2011.