OA085302013

On 15 th April 2014 the Secretary of State lodged Grounds of Appeal to the Upper Tribunal. On 14 th May 2014 Designated Judge David Taylor granted permission to appeal noting that it was arguable that the judge had failed adequately to provide reasons for his findings on major issues raised in the refusal notice and that regrettably the First-tier Tribunal Judge�s reasons were not at all clear nor explained. No Rule 24 response was lodged by the Appellant.

The Secretary of State�s representative at the hearing on the error of law did not press me to re-make the decision on the grounds that there was agreement that the Sponsor may well not have been notified of the hearing. In such circumstances I gave directions for the re-hearing of this matter reserving it to myself advising that there be leave to either party to file an up-to-date bundle of evidence upon which they seek to rely at the Tribunal at least seven days pre-hearing.

�I am afraid these sort of things happen in Uganda anyway because people are willing to help orphans.�

The Sponsor advises that at the time of application she had four jobs and that she lives in two-bedroomed accommodation. She produces to the court photographs. These photographs are old ones and she states that they depict the children when she left in 2002 and another photograph depicts them some years later.

He points out that there has been no evidence produced to the Tribunal to show that the Ugandan government accepts other signatories on birth certificates and no documents have been produced to show that a child can be moved from one country to another. He therefore submits that the Appellant cannot meet the requirements of the Rules and that there has been a clear lack of ongoing contact pointing out that the last photograph that was produced is one from 2008.