OA158602012

The appellant in these proceedings is the Entry Clearance Officer but for convenience I shall now refer to the parties as they were before the First-tier Tribunal.

The appellant is a citizen of Nepal born on 25 August 1999. She appealed the decision of the respondent dated 6 August 2012 refusing her entry clearance to the United Kingdom with a view to settlement as the child of a parent, in this case, her mother Mrs Kasi Ghale, who is present and settled in the United Kingdom, under paragraph 297 of HC395 as amended. The appeal was heard by First-tier Tribunal Judge Moore on 3 April 2013 and dismissed under the Immigration Rules and on human rights grounds in a determination promulgated on 9 April 2013.

Permission to appeal was granted and there was an error of law hearing before me on 23 June 2013 at Field House. I found that there was a material error of law in the determination and directed that the appeal be reheard on all issues. My determination to this effect is dated on 10 July 2013.

The Presenting Officer referred to the Article 8 issue relating to the appellant�s grandmother who presently cares for the appellant in Nepal. She has been issued with a visa entitling her to come to reside in the United Kingdom as the widow of a Gurkha soldier. The Presenting Officer submitted that the relevant date in this case is the date of the decision so this issue may not be relevant, although it could be relevant in a future application. At the hearing on 23 June 2013 I had asked for further evidence about this to be produced for this hearing.

The appellant�s representative referred to her skeleton argument which refers to 2 cases being TD, Yemen [2006] UKAIT 00049 and Mundeba, DRC [2013] UKUT 88 (IAC) . She apologised for forgetting to bring these cases to the court with her.