OA160252012

This is her appeal against the determination of First-tier Tribunal Judge Davidson promulgated 10.1.14, who dismissed her appeal against the decision of the respondent dated 23.11.11, to refuse entry clearance to the United Kingdom as the dependent parent of her son Mohamed Mahamud, a British citizen present and settled in the UK. The Judge heard the appeal on 11.12.13.

The appeal then came before Deputy Upper Tribunal Judge Monson on 23.4.14, at which hearing there was no attendance on behalf of the appellant. Judge Monson dismissed the appeal, finding no error of law. However, it then came to his attention on 19.6.14 that the appellant�s solicitors had produced evidence that the notice of hearing had not been served. Judge Monson gave directions that the determination should not be promulgated but the appeal relisted before him.

Thus the matter came before me on 11.9.14 as an appeal in the Upper Tribunal. For the reasons set out in my error of law decision promulgated on 29.9.14, I found that there were errors of law in the decision of the First-tier Tribunal such that it should be set aside and remade. In particular, I found that the First-tier Tribunal Judge failed to take into account all the available evidence demonstrating the sponsor�s financial support of the appellant. I also found that the judge had miscalculated the relevant income requirements and wrongly disregarded Child Tax Credit and Working Tax Credit.

I reserved the remaking of the decision to myself in the Upper Tribunal, and it was thus listed before me on 30.10.14.

There remain two issues at large: whether the appellant can demonstrate that she is financially wholly or mainly dependent on the sponsor as claimed, and whether she can be adequately accommodated and maintained in the UK without (further) recourse to public funds.