VA056902013

The appellant, a national of Nigeria, appealed to the First-tier Tribunal against the decision of the Entry Clearance Officer (ECO) dated 1 March 2013 to refuse her application for entry clearance as a visitor to visit her brother, the sponsor, in the UK. First-tier Tribunal Judge Cohen dismissed the appeal and the appellant now appeals with permission to this Tribunal.

I remind myself that the burden of proof is on the appellant and the standard of proof is the balance of probabilities. The relevant date for consideration of the evidence is the date of the ECO�s decision which was made on 1 March 2013.

The appellant submitted birth certificates which show that she has two children with her husband, they were born in 2004 and 2007. She submitted letters from the children�s school and a letter from her husband. She also submitted a letter from her husband�s employer confirming that he is employed as a Quantity Surveyor. I am satisfied on the basis of this evidence that the appellant has a husband and young children in Nigeria as claimed.

In his oral evidence before me the sponsor said that his wife is from Poland and that they now have two children. He said that he and his wife are keen to have the children�s christening or dedication and that he cannot celebrate this event without representation from his family. He said that he feels shame in relation to this issue and is keen for his sister to come to the UK to celebrate the children�s christening. He said that this would be preferable to bringing all of his wife�s family to Nigeria from Poland. I accept that the sponsor�s evidence in relation to this matter is credible.

I have considered all of the evidence before me. I am satisfied that the appellant has significant ties in Nigeria and that she therefore has an incentive to return there. I accept that she will be travelling to the UK for a specific purpose and that she intends to return to Nigeria at the end of her visit.