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The appellant is a citizen of Nigeria born on [ ] 2009. He made an application on 5 March 2015 for entry clearance to the United Kingdom as the dependant of his father [OO] who has limited leave to remain in the United Kingdom until 7 August 2017 as the spouse of [KB].
Judge of the First-tier Tribunal made the following findings in her determination promulgated on 17 November 2015 which I summarise. She set out the case of TD (paragraph 297(1)(e) sole responsibility) Yemen [2006] UKAIT 00049 which sets out what sole responsibility means under the Immigration Rules which is basically to identify the person who has responsibility for a child's upbringing and whether the responsibility is sole is a factual matter to be decided upon all the evidence.
At paragraph 31 the judge stated that in his judgment the facts demonstrated fall short of establishing that [OO] has exercised sole responsibility for the appellant in the sense that he has had continuing control and direction of his son's upbringing including making all the important decisions in his life. He stated "in my view it is more probable than not that the responsibility is shared with the sponsor's mother. I am not satisfied the requirements of EC-ECC 1.6(b) have been met", then he sets out the requirements.
The judge said that having given careful consideration to all the evidence written and oral he is not satisfied on a balance of probabilities that the appellant has discharged the burden of proof under the Rules and that there is no compelling evidence of any adverse circumstances such as to amount to serious and compelling family or other considerations which make the appellant's exclusion from the United Kingdom undesirable.
The grounds of appeal state the following which I summarise. The First-tier Tribunal Judge finds that the sponsor does not have full responsibility for the appellant and stated "In my view it is more probable than not that the responsibility is shared with the sponsor's mother". In the decision to judge sets out the appellant's sponsor evidence at the hearing which was that he pays the appellant's school fees, makes the decision about his healthcare and makes decisions about his religious upbringing.
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