OA166472013

This is an appeal by the Entry Clearance Officer against a determination of First-tier Tribunal Judge Obhi promulgated on 20 August 2014, following a hearing at Sheldon Court Birmingham on 4 th July 2014, in which the Judge allowed the appeal under the Immigration Rules, although dismissed it on asylum and human rights grounds, against the refusal of an Entry Clearance Officer (ECO) to grant Meron Belay leave to enter under the Refugee Family Reunion Policy to join Samuel Belay who has been recognised as a refugee in the United Kingdom.

The application was refused on 12 June 2013 as the ECO was not satisfied that Meron Belay is biologically related to his sponsor. DNA testing undertaken by Cellmark Diagnostics ruled out such a relationship. It was found that false representations had been made in the application form with regard to the relationship.

The Judge found it was not necessary to consider whether the decision breached a right to family life as the appeal was allowed under the Rules but stated that if she had considered Article 8 that too would have depended on whether it had been established that there existed a relationship, biological or psychological on the sponsor, as his father, and that the continued separation in circumstances in which sponsor had affectively exercised sole responsibility since his wife death would have amounted to a disproportionate interference in Meron Belay�s life.

The ECO sought permission to appeal on the basis the Judge had failed to adequately reason her findings, especially in light of the fact that the term �parent� is defined within the Immigration Rules.

In Chapter 6 of the Immigration Rules, the definition section, the term �parent� is defined in the following terms: