OA089312015

This is the appellant's appeal against the decision of Judge Atkinson made following a hearing on 29 th March 2016.

The history of this matter is as follows. Judge Atkinson allowed the appeals of the appellant and her mother outside the Immigration Rules on Article 8 grounds. There was no challenge to the decision in relation to the appellant's mother. His decision in relation to the present appellant was challenged by the Secretary of State and, on 12 th May 2017, Deputy Upper Tribunal Judge Bagral found that he had erred in law and set aside his decision. A copy of her reasons for doing so is appended to this decision.

A transfer order was made and the resumed hearing came before me on 1 st August 2017. The documentary evidence which I considered consists of the same bundles as were before the original judge. I also heard oral evidence from the sponsor, the appellant's father, Mohammad Reza Ghelichkhani, who confirmed that the written statement which he signed on 29 th March 2016 was true and accurate and should be adopted as evidence in this hearing.

Mr Janjua, on the appellant's behalf, accepted that the appellant could not meet the requirements of the Immigration Rules in relation to dependent relatives and confirmed that the appeal was being brought on Article 8 grounds outside the Rules.

At that point he was given a Home Office travel document. He travelled to Iran in October 2010 and again in September 2011 and August 2012. The present application for entry clearance was made on 24 th February 2014.