OA080232013

The Appellant is a citizen of Uganda (born 2.2.95) who applied on 3 September 2012 at the age of seventeen and a half, for entry clearance for settlement as the son of the sponsor, his mother, who had been granted LLR in the UK as a refugee on 3 August 2011. Her claim to asylum had been based upon her homosexuality, and the risk of persecutory harm she faced in Uganda as a result.

By decision made on 17 January 2013 the Respondent refused that application by reference to paragraph and 352D (iv) of the Immigration Rules. He was not satisfied that the sponsor and the Appellant were members of the same family unit at the date the sponsor had left Uganda in order to seek asylum.

The Appellants lodged an appeal with the First Tier Tribunal against that decision, and as a result the decision was the subject of review by the ECM on 8 August 2013. The ECM upheld the decision, noting that it was not in dispute that the Appellant had lived with his aunt since birth and had continued to do so until the date the sponsor left Uganda.

The Appellant applied to the First Tier Tribunal for permission to appeal, and permission was granted by Designated Judge Zucker on 7 May 2014. Although four grounds were advanced, the reality of the complaint was that the relevant provision needed to be read purposively, and that a child taken forcibly from a parent as part of persecutory conduct of the parent would not thereby automatically cease to be a member of the �family unit� of the parent.

The Respondent filed a Rule 24 Notice dated 12 June 2014 complaining that the necessary documents had not been provided to her by the Tribunal, and that she was therefore unable to comment substantively upon the criticisms of the Determination made by the Appellant.