OA160382012 & OA160392012

This is the Secretary of State�s appeal against the decision of First-tier Tribunal Judge Kelly made following a hearing at Bradford on the 17 June 2013, allowing the claimants appeal against the decision of the entry clearance officer made on 26 July 2012 to refuse to grant them entry clearance to come, with their mother, to the UK.

The original refusal was on the grounds that the entry clearance officer was not satisfied that the claimant�s mother had entered into a marriage which was genuine and subsisting, nor that the family could be adequately maintained and accommodated in the UK. The judge found in favour of the claimants in respect of these issues and there is no challenge to this aspect of the decision.

However, the entry clearance officer also raised paragraph 297(i) with respect to the minor appellants. Their mother is divorced from their father, and there was no information before him about where he was and what responsibility he had, if any for their upbringing.

The sponsor did not appear at the hearing although he and his representatives were properly served with notice. However he is severely disabled and Mrs Pettersen told me that the sole person from Girlington Advice centre who deals with immigration matters no longer works there.

Accordingly she agreed that the fairest course would be for this appeal to be for Judge Kelly to complete his decision and consider whether the claimants are in a position to meet the requirements of paragraph 297(i).