OA200122012

The appellant is a citizen of Iran, presently living in Norway. He was born on 14 May 1983. His application for entry clearance as a child of a refugee was refused by the Entry Clearance Officer (�ECO�) on 12 September 2012. His appeal against that decision was dismissed by First-tier Tribunal Judge Clayton after a hearing on 13 June 2013.

The ECO refused the application with reference to paragraph 352D of HC 395 (as amended). Judge Clayton decided that the appellant could not meet the requirements of the Immigration Rules and did not come within the terms of what was described as �the policy�, although it was not more specifically identified and its terms are not set out in the determination. She also rejected the Article 8 ground of appeal.

Mr Eaton relied on the grounds of appeal to the Upper Tribunal. In so far as his submissions repeated what is contained in those grounds we do not repeat them. In relation to paragraph 317 of the Rules, that was never a basis on which the appeal was advanced and the judge was therefore wrong to consider the appeal with reference to it, this illustrating a lack of care in the determination.

The assessment of family life did not take into account the circumstances in which the family were separated, they having had to flee Iran. We were referred to the decision in H (Somalia) [2004] UKIAT 00027 . Judge Clayton had accepted that there was family life before the family left Iran but had failed to take into account the circumstances in which that family life was disrupted.

Mr Jarvis relied on various authorities, although we have not found it necessary to refer to them in this determination. He submitted that it was accepted before the First-tier Tribunal that the appellant was not able to meet the requirements of the Rules and therefore if there was an error on the part of the judge in considering paragraph 317, it was not material. The judge was in any event entitled to consider any Rule that might apply.