VA038052013

The Appellant is a citizen of Ethiopia born in 1940. She appealed against a decision of the Entry Clearance Officer, Addis Ababa on 7 January 2013 to refuse to grant entry clearance as a visitor under paragraph 41 of the Immigration Rules.

Mrs Woldetsadik appealed. In the grounds of appeal in respect of the relationship she stated that there was no birth certificate for the Sponsor as one was not issued and there was no legal requirement to apply for one; there was a statutory declaration in lieu of a birth certificate; also family photographs were enclosed. In addition, she and the Sponsor were willing to provide DNA evidence to prove the relationship.

As for the financial circumstances, the Appellant runs a taxi business for which a title certificate had been provided and owns property from which she gets rental income; documentation in respect of both had been submitted including tax documentation.

As for the origins of the cash deposits, as a self-employed person with interests in a taxi business and rental property and with �regular income from these sources � she deposits and withdraws large amounts of money whenever required�. She has sufficient income and leads a comfortable and settled life with her family and extended family and family friends in Ethiopia.

The appeal was heard at Hatton Cross on 29 May 2013. It was dismissed by Judge of the First-tier Tribunal Kainth. In respect of the claimed relationship the judge concluded that the Appellant had not established such. She had not commissioned a DNA report. Also, although there was no enforcement of registration of births such did not mean that births cannot be registered. Photographs did not advance the case.