OA138612014

The appellant, Eva Kitoko, was born on 7 January 1996 and is a female citizen of the Democratic Republic of Congo (DRC). She appealed to the First-tier Tribunal (Judge Kelly) against a decision dated 15 September 2014 of the Entry Clearance Officer, Nairobi, to refuse her application to join for settlement in the United Kingdom her paternal aunt, Ms Charly Baraka (hereafter the sponsor). She now appeals, with permission, to the Upper Tribunal.

There are two grounds of appeal. The first ground of appeal concerns alleged procedural unfairness arising from the judge's decision not to adjourn the appeal in the First-tier Tribunal to allow the case of the appellant to be linked with that of her minor sisters. Those sisters (born in 1997 and 1999 respectively) had, it was claimed by the appellant, also appealed against decisions to refuse them leave to enter to settle with the sponsor. The appellant and her two siblings resided together in DRC as a family unit.

Following the hearing for Miss Kitoko, I have searched the database and have been unable to locate any appeals in the system for the two siblings. From the information I have on file it would appear no appeal has been lodged as far as we can see for the two siblings.

"... although the appellant had reached the age of majority, I accept she has not established an independent life of her own by the date of the decision. I nevertheless find that her continuing dependency (over and above ordinary emotional ties) is not upon the sponsor but rather was (and remains) upon Mr John Kimbudila whom she describes as her 'angel and protector'."

"... the consequences of the decision ... are insufficiently serious to engage the potential operation of Article 8; or alternatively, that any family ties as may exist are so loose that prevention of family union in the United Kingdom is proportionate in furtherance of the economic wellbeing of the country by the consistent application of immigration control."