OA198432012

For the Appellant: Mr J Martin, Counsel, instructed by the BEAP Community Partnership

This is the Appellant's appeal against the decision of Judge Kelly made following a hearing at Bradford on 19 th July 2013.

The Appellant is a citizen of Tanzania born on 10 th August 1995. He applied for entry clearance to join his mother Sarah Mohammed Hadji but was refused on 23 rd April 2012. The Entry Clearance Officer was not satisfied that he was related as claimed to his Sponsor, nor that he could be adequately maintained in the UK. He also refused the appeal under paragraph 320(7A) because he was satisfied hat false documents i.e. a birth certificate had been produced with the visa application.

The factual background of this matter is as follows. The Sponsor arrived in the UK in 2002 following her divorce from the father of her three children, Fatima, Rukaiaya and Komail, the Appellant. She was granted indefinite leave to remain in 2008. She applied for entry clearance for the two younger children to join her, the oldest being over age. Tragically, following the refusal, her daughter Rukaiaya committed suicide on 9 th May 2012.

The Appellant's father was responsible for the care of the children whilst they were growing up but has recently remarried. He sent a letter to the Tribunal stating that he wanted to give full custody of his child to his biological mother. He said that he was intending to settle in India with his current wife Zainbab shortly but could not taken his son with him because of personal issues with his new wife.