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This is an appeal by the Secretary of State against a determination of First-tier Tribunal Judge Mensah promulgated on 4 th June 2013 in which she allowed the appeal against the refusal of an Entry Clearance Officer (ECO) dated 6 th June 2012.
The Appellant, a national of the DRC born on 15 th August 1994, made a settlement application. The ECO was not satisfied she met the requirements of paragraph 297 of the Rules and so dismissed the appeal.
The Judge, from paragraph 26 onwards of her determination, makes specific findings relating to the criteria to be found in paragraph 301. In paragraph 26 the Judge finds:
Whilst it is clear documents from the DRC can be unreliable I do not feel it is appropriate to go so far as to find all documents are unreliable and taken together with the rest of the evidence I have before me I accept the appellant is the daughter as claimed and her date of birth is as claimed. I accept therefore the appellant has demonstrated on balance she is the child of a person settled and a person with limited leave to remain in the UK.
This paragraph encapsulates the Judge's findings regarding the ability of the appellant to satisfy the requirements of 301 (i) (a) and (ii).
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