OA124782013

This is an appeal against the determination of First-tier Tribunal Judge Halliwell promulgated on 21 st May 2014, following a hearing at Newport on 12 th May 2014. In the determination, the judge allowed the appeal of Master A A. The Respondent Secretary of State now applies for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellant is a citizen of Uzbekistan, who was born on 19 th September 2004, and has just reached the age of 10 years, at the time of this hearing. He appeals against the decision of the Respondent Entry Clearance Officer dated 10 th May 2013, refusing his application for leave to remain in the UK.

Subsequently his marriage broke down. His first wife, the Appellant�s mother, was granted legal custody of the Appellant and his sister. The Appellant�s mother moved to Yapan with her daughter. The Appellant himself remained in Kokand city, and was cared for by the father�s mother. The Appellant�s mother worked long hours in Yapan and her daughter was largely cared for by her own parents who are also elderly.

Initially the Appellant�s paternal grandmother was in a position to look after the Appellant, but her health deteriorated over the last two years, and she is in need of constant medical attention for her heart condition. Given that the Sponsor has had full financial responsibility for his son, an application was made for him to enter to join the sponsoring father in this country.

At the outset, the judge observed how the Entry Clearance Officer had held that the Appellant could not meet the financial requirements of Appendix FM of the Immigration Rules (see paragraph 3). That being so, at the beginning of the hearing, he raised with Counsel, Mr Paramjorthy, the issue whether the requirements of Rule 297 of HC 395 were going to be addressed. The sponsoring father had resided in the UK under the terms of a two year spouse�s visa, having married his second wife, who was a British citizen.