OA159302012 & OA189312012

This is an appeal against the determination of First-tier Tribunal Judge NMK Lawrence, promulgated on 27 th August 2014, following a hearing at Hatton Cross on 19 th August 2014. In the determination, the Judge dismissed the appeals of Miss Ndey Njie and Miss Namie Njie. The Appellants subsequently applied for, and were granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.

The Appellants are two sibling sisters. Both are nationals of the Gambia. The first Appellant was born on 17 th June 1999 and the second Appellant was born on 14 th July 1997. These are their stated dates of birth. On 21 st June 2012, they made applications to enter the UK as dependent daughters of Ms Amie Faye (their alleged sponsoring mother) who is also a national of the Gambia, but is now married to Mr Sheiffo Samateh, who has acquired Belgium nationality since his own arrival from the Gambia, thus giving both of them the right to reside permanently in the UK.

The Appellants� claim is that they can show that their relationship with their sponsoring mother, Ms Amie Faye, by virtue of their recorded registration in the register of births in the Gambia, in the birth certificate that was issued subsequently, and most importantly, in the DNA evidence that was produced, after doubts were raised with respect to the registration of their births. The DNA evidence is compelling evidence because it is from a body accredited by both the Home Office and the Ministry of Justice.

�the mere submissions of her report bearing the title �DNA tests results� is insufficient unless there is evidence of continuity and evidence that the samples did not suffer the risk of contamination at any stage. There is no such evidence before me. I therefore do not find I could attach any weight to these reports� (paragraph 18).

The Judge went on to conclude that the Appellants had been unable to demonstrate that they are related to the Sponsor as claimed, for the purposes of Regulation 7 of the 2006 EEA Regulations, and accordingly had failed to discharge the burden of proof upon them.