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The Appellant is the Entry Clearance Officer to whom I shall refer as the ECO, who appeals against the decision of Judge Munonyedi of the First-tier Tribunal (the FtT) promulgated on 13 th July 2015.
The Respondent before the Upper Tribunal was the Appellant before the FtT and I will refer to him as the Claimant.
The Claimant is a male Nigerian citizen born 25 th April 2008 and is therefore 7 years of age. The Claimant applied for entry clearance to join his father, to whom I shall refer as the Sponsor, who is a British citizen settled in the United Kingdom.
The application was refused on 1 st May 2014 with reference to paragraph 297(i)(e) and (f) of the Immigration Rules. The ECO did not accept that the Sponsor had sole responsibility for the Claimant, nor was it accepted that there were serious and compelling family or other considerations which made exclusion of the Claimant undesirable and suitable arrangements had been made for his care.
The appeal was heard on 19 th June 2015. The FtT allowed the appeal finding that the Sponsor had sole responsibility for the Claimant, and there were serious and compelling family or other considerations making the Claimant's exclusion from the United Kingdom undesirable.
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