OA178962012

The appellant is a citizen of Bangladesh, who was born on 2 nd November, 1984. He made application to the Entry Clearance Officer Dhaka, for leave to enter and settle in the United Kingdom as the child of parent settled there, under paragraph 297 of Statement of Changes in Immigration Rules, HC 395, as amended (�the Immigration Rules�).

The appellant is the son of Janu Begum (�the sponsor�) who has indefinite leave to remain in the United Kingdom. The respondent refused the appellant�s application in a Notice of Decision dated 9 th August, 2012.

The respondent refused the application, suggesting that the appellant had failed to meet the requirements of paragraph 297(i)(d) and (e) of the Immigration Rules, as well as failing to meet the requirements of paragraph 297(v).

The appellant appealed and his appeal was heard by First-tier Tribunal Judge Mozolowski, who, in a determination dated 22 nd April, 2003, found that the appellant was the son of the sponsor. She also accepted that the appellant was under the age of 18 years at the date of the application and currently lives with his oldest married sister. She found that the appellant's father was dead and the appellant did, therefore, meet paragraph 297(i)(d) and (e).

Miss Pickering pointed out that at the date of the hearing before the First-tier Tribunal Judge, the evidence showed that at the date of the Entry Clearance Officer�s decision, the sponsor actually had savings of �3,400, rather than the �3800 suggested in the grounds of appeal. The sponsor�s earnings fell short of the relevant income support level at the date of the Entry Clearance Officer�s decision by �53.39 per week which meant, Miss Pickering submitted, that the sponsor�s savings would be adequate to cover the shortfall in appellant's maintenance for a period of 71 weeks.