OA216242013

For the Appellant: Mr M Harris, Counsel, instructed by Quality Solicitors (Orion)

Although, in this appeal, the Secretary of State is strictly the appellant, for the sake of conformity I have described her as the respondent (as she was in the First-tier Tribunal). Mr Tulkunov similarly continues to be described as the appellant.

The appellant, a 19 year old citizen of Uzbekistan, applied for entry clearance to the United Kingdom under the Family Reunion provisions of paragraph 352D of the Immigration Rules. The basis of his application was that his mother (and sponsor) Mrs Malika Mahmudova has been granted refugee status in the UK. The appellant�s application was made just three days before his 18 th birthday. It was refused on 30 October 2013 by the Entry Clearance Officer who found that the appellant did not meet the requirements of paragraph 352D(iv) which requires the applicant to show that he

�was part of the family unit of the person granted asylum at the time that the person granted asylum left the country of his habitual residence in order to seek asylum.�

Judge Black noted that when the sponsor made her application for indefinite leave to remain, and during her appeal hearing itself, she made it clear that she did not seek refugee status because she wanted to be able to visit her children in Uzbekistan and did not consider herself to be at risk of harm during such visits. It was noted that between June 2008 and March 2011 the sponsor had visited her children, of whom the appellant is one, on three occasions. The judge allowed the appellant�s appeal under the Immigration Rules based on her interpretation of paragraph 352D(iv).