OA207452013

The Appellant is a citizen of the People's Republic of China (PRC), born on 8 May 1996. On 13 August 2013 he applied to the Respondent for entry clearance to join his father, Wu, Fu Hai who is his Sponsor and is a citizen of the PRC who on 26 February 2011 was granted indefinite leave to remain. On 17 October 2013 by a deed of change of name he changed his name to Wu, Wenfu.

The Respondent asserts and the Sponsor has not challenged that the Sponsor left the PRC in 1999 and that the Appellant's mother was granted entry clearance as a visitor in 2007. At about that time, 2007, the Appellant went to live with his paternal grandparents where he remains. The Appellant states he believes his mother is in the United Kingdom but neither he nor the Sponsor know where she is. There is no other material evidence about her in the Tribunal file and there is no evidence at all from her.

On 7 November 2013 the Respondent conducted a telephone interview with the Appellant and on the same day refused his application because the Appellant had not shown that his Sponsor had consistently supported him emotionally and financially since the Sponsor had left the PRC. Until 2007 the Appellant had been cared for by his mother and subsequently by his grandparents. The Respondent concluded the Sponsor had not had sole responsibility for the Appellant and therefore could not satisfy the requirement of paragraph 297(i)(e) of the Immigration Rules.

The Respondent further considered there were no serious or compelling family or other circumstances making the Appellant's exclusion from the United Kingdom undesirable so that he did not meet the requirements of paragraph 297(i)(f).

Mr Adophy relied on his skeleton argument. This argued that the Judge had erred in doubting the Sponsor's credibility because he was a failed asylum seeker.