OA028942013 & OA028962013

For the Appellants: Mr H Sarwar, of Counsel instructed by Messrs Marks & Marks Solicitors

The appellants are citizens of Pakistan. The first, Hamza, was born on 8 March 1996 and the second, Faisal, was born on 24 January 1995. They appeal against a decision of Judge of the First-tier Tribunal Mayall who in a determination promulgated on 10 April 2014 dismissed their appeals against decisions of the Entry Clearance Officer, Islamabad made on 12 December 2012 to refuse them entry clearance as the child of a parent present and settled in Britain. They have the same mother, Saima but while Hamza is the son of the sponsor Faisal is not.

The decisions stated it was not accepted that the sponsor had sole responsibility for them and they were therefore refused under paragraph 297(i)(e) of HC 395.

In his determination Judge Mayall noted that although there had been no DNA evidence before Judge Lingard at the appeal there had in fact been DNA evidence in existence as there were results dated January 2011 as well as further DNA results dated October 2011. He considered that the sponsor had been less than frank in his evidence before Judge Lingard who recorded that there was no DNA evidence before her. He noted that Judge Lingard had questioned the issue of the registration of the birth certificates.

�Both representatives agreed that the issues for me were whether the sponsor had had sole responsibility for the children and whether, in any event, Faisal could succeed despite not being the biological son of the sponsor.�