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Permission to appeal was granted and thus the matter came before us on the above date.
Mr Price indicated that there were no maintenance, accommodation or exclusion issues. Firstly, the judge should have concluded that the Appellant�s father qualified under paragraph 301(i)(a). This stated that one parent was present and settled here and �the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement�. That was the position of the Appellant�s father and therefore the Appellant came within that paragraph and the decision should therefore be set aside and the appeal allowed.
As set out in the grounds there was a breach of the Appellant�s rights under Article 8 ECHR.
We were entitled to find an error in the decision, set it aside, and allow the appeal under the sections of the Rules mentioned above and Article 8 ECHR.
The judge had set out the correct burden and standard of proof and all that she was saying was that the burden of proof had not been discharged.
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