OA058262013

The Appellant is a citizen of Bangladesh born on 22 nd February 1963. She appeals against the determination of the First-tier Tribunal dated 6 th July 2014 dismissing her appeal against the Respondent�s decision to refuse her application for a certificate of entitlement to right of abode dated 23 rd January 2013.

At the hearing, Mr Shilliday accepted that the Judge had erred in law in failing to consider the DNA evidence and the certificate of nationality obtained from the archives. He submitted that the issue before me was whether the certificate from the archives was genuine. There was no evidence to show that it was not and the original was produced by the Appellant�s representatives.

Mr Mustafa submitted that under Section 5 of the British Nationality Act 1948 and Section 14 of the Nationality Act 1981 the Appellant was a British citizen by descent and so was entitled to a right of abode. The Respondent�s decision to refuse the Appellant�s application was therefore unlawful. Mr Shilliday submitted that the appeal could only be allowed to the extent that the decision was not in accordance with the law.

I find that the Judge erred in law at paragraph 12 of the decision in finding that he could not rely on the DNA evidence or the certificate of nationality obtained from the archives. There was no issue as to whether these documents were genuine and therefore, I find that the Appellant was a British citizen by descent and entitled to a right of abode. Accordingly, the Respondent�s decision of 23 rd January 2013 was not in accordance with the law.

The First-tier Tribunal erred in law in finding that the certificate of nationality and DNA report were inadmissible having misdirected himself following DR Morocco . I set the decision dated 6 th July 2014 aside and remake it as follows: The Respondent�s decision of 23 rd January 2013 was not in accordance with the law and I allow the appeal.