OA109822013

The Secretary of State is the appellant to this appeal but, for the sake of consistency, I refer to her as the respondent (as she was in the First-tier Tribunal) and to the original appellant as such.

The appellant is a 78 year old female citizen of Sri Lanka. In a determination promulgated on 30 July 2014 in the First-tier Tribunal, Judge Raymond allowed her appeal against the Entry Clearance Officer�s decision refusing her entry clearance to the United Kingdom for settlement as the adult dependent relative of her son. Her son is her sponsor and is a British citizen who is now resident and settled in the UK.

The judge heard oral evidence from the sponsor but at [24] of the determination he found that the sponsor was not a credible witness. He noted that there were two conflicting medical reports as to the health of the appellant and found that �the most credible explanation is that the sponsor has obtained a report from Dr Nagarajah which is an exaggeration�. At [25] the judge concluded in the following terms:

Permission to appeal was granted by First-tier Tribunal Judge T R P Hollingworth on 19 th September 2014 as follows:

�Seen alongside an adverse credibility of the UK sponsor (at paragraph 24) and wholly inconclusive medical evidence, the judge has attached undue weight to the appellant�s age and her claim not to have support in Sri Lanka as the basis for allowing the appeal under the Rules.�