OA054072013

For the sake of continuity I will refer to the parties as they were before the First-tier Tribunal although technically the Entry Clearance Officer (represented by the Secretary of State) is the appellant in this appeal before the Upper Tribunal.

The matter can be dealt with briefly. The appellant applied for entry clearance as the dependent child of a person who is present and settled in the UK. His application was refused in a notice of decision dated 11 January 2013.

The appellant appealed against the decision and the appeal was heard by First-tier Tribunal Judge Majid on 25 March 2015. The decision was promulgated on 29 March 2015. The First-tier Tribunal Judge allowed the appeal but respondent argues that he failed to give adequate reasons for doing so.

At the start of the hearing Mr Yerokun conceded that the decision did not give adequate reasons and that it involved the making of an error of law. I consider that this concession was properly made. The decision was expressed in very general terms. The judge did not make any specific findings in relation to the reasons for refusal and allowed the appeal in a rather vague and confused manner. At paragraph 12 of the decision he said:

"I am persuaded by the available evidence that the appeal should be allowed and the appellant should be given the benefit of Article 8, believing that the DNA test has confirmed the relationship between the appellant and the sponsoring mother."