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For the Appellant: Ms V Easty, Counsel, instructed by Luqmani Thompson and Partners Solicitors
This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Steer (Judge Steer), dated 24 March 2015, in which she dismissed the Appellant's appeal. That appeal was against a decision of the Respondent, dated 18 October 2012, refusing to grant entry clearance to join her family in the United Kingdom.
The Appellant is a Chinese national, born on 23 February 1995. The application for entry clearance was made on 4 July 2012. She was a minor as at the date of the Respondent's decision.
The Appellant sought to join her parents and two younger siblings in this country. Her father, Mr Abulaiti Maikiniyazi, is a Chinese national who now has Indefinite Leave to Remain (ILR) in the United Kingdom, as do her mother and siblings. At the time of the entry application and decision thereon, the father only had Discretionary Leave to Remain. The ILR had been belatedly granted in 2014 following a protracted judicial review challenge by his solicitors.
The Respondent refused the application on several bases. First, that a false birth certificate had been submitted and so Paragraph 320(7A) of the Immigration Rules applied. Second, that Paragraph 301 of the Rules could not assist, as the father did not have settled status here. Third, that Article 8 would not be breached.
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