UI2022005093

      The Entry Clearance Officer (ECO) appeals with permission a decision of First-tier Tribunal Judge Farrelly ('the Judge'), promulgated on 23 August 2022, in which the Judge allowed Cody Campbell's appeal against the refusal of his application for entry clearance as a dependent of his father, David MacVay ('the Sponsor'). Both are citizens of South Africa. The appellant's date of birth is 1 March 2007.

      The Sponsor lives in the UK with leave to remain valid to 9 May 2023, but advised the Judge he intended to remain on a permanent basis.

      The application was refused as the ECO did not consider the relationship requirements of paragraph E-ECC.1.2 to 1.6 were met, did not find the Sponsor has sole responsibility for Cody's upbringing or that there was anything exceptional which would render refusal a breach of Article 8, that there were no serious or compelling circumstances that would make his exclusion undesirable, or any compassionate factors justifying the grant of entry clearance outside the Immigration Rules.

      The Judge's findings are set out from [19] of the decision under challenge. At [27] the Judge finds it is in Cody's best interests to be with the Sponsor in the UK although there was a need to have regard to the immigration rules and immigration control.

     The Judge finds at [29], by reference to a High Court agreement referred to early in the determination as well as the history, that Cody's mother has had involvement in his life. The Judge finds the evidence does not indicate this is a situation where Cody's mother has absolutely no involvement in his upbringing but that it is a situation of shared responsibility albeit the Judge accepts the sponsor is the one engaged in most of the decisions [29].