OA017662013

This is the appeal of Junhui Lin who sought entry clearance to join his mother who is settled in the UK. The application was refused on 21 November 2012 at which time he was aged 15. His appeal was heard in the First-tier Tribunal on 10 February 2014 and dismissed under the Immigration Rules and on human rights grounds. Permission to appeal was granted on all grounds. Five grounds were put forward although the fifth ground is in effect a summary of the previous ones.

Ground 1 is that the judge has failed to determine the case to the correct standard of proof, failed to give sufficient weight to the appellant�s birth certificate and has given insufficient reasons for rejecting that evidence.

Ground 2 is that the judge failed to deal with whether the sponsor had sole responsibility in determining there was a conflict of evidence. The Immigration Judge found that this was material and it was unclear why it was material as to whether the father had abandoned the appellant at or before his birth, whether that was material.

Ground 3 says that the judge�s findings in relation to the Civil Court judgment are unclear, and ground 4 that the issues around the household register do not negate the fact that the sponsor has sole responsibility as of the date of decision which is the main issue to be decided.

Judge Devittie sets out paragraph 297 of the Immigration Rules and although the initial decision taken by the Entry Clearance Officer referred to maintenance this was a matter that was conceded on review by the Entry Clearance Officer so the only issue before the First-tier Tribunal was the issue of sole responsibility.