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Following a hearing at Bradford on 21 st August 2013 I set aside the determination of First-tier Tribunal Judge Upson promulgated on 30 th January 2013 for the reasons set out in the error of law finding and directions document of the same date.
Having considered the evidence and representations made by the advocates I announced in court that I allow the appeal. I now give my reasons.
In addition to the evidence that was before the Upper Tribunal at the error of law stage, the appellant has now provided an expert report written by Ticky Monekosso dated 16 th October 2013 which is admitted is pursuant to Rule 15 (2A) of the Upper Tribunal�s procedure rules.
The Entry Clearance Officer (ECO) granted the applications of both AY and PA raising no issue with regard to the validity of the documents they relied upon, but refused the appellant�s mainly by reference to his appearance in photographs he submitted. The ECO was not satisfied that the appellant could meet the requirements of 352D(ii), as it was not accepted that he was under the age of 18.
Miss Khan submitted it is notable that the application was not refused under the mandatory paragraph 320 (3) which provides :
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