OA084692015

The appellant is a citizen of Zimbabwe born on 12 December 1998 and she appealed against the entry clearance officer's refusal made on 17 March 2015 to grant her entry clearance as a person seeking leave to enter or remain in the United Kingdom in order to join or remain with a parent who has been granted asylum in the United Kingdom under paragraph 352D of HC 395.

In a decision promulgated on 2 September 2016 by the First-tier Tribunal the appellant's appeal was dismissed both under the immigration rules and in relation to Article 8.

The appellant made an application for permission to appeal asserting the judge had not adequately considered the appellant's best interests and as a starting point the appellant's best interests were served by being with her father. It was submitted that the decision of the judge had not adequately considered whether it be the best interests of the appellant in being reunited with her father.

Permission to appeal was initially refused but then granted by upper Tribunal Judge Finch who stated as follows:-

At the hearing before me both representatives agreed that there was indeed an error of law in the decision which was material and that the judge had not considered the best interests of the child as she was when she made the application. There were no findings in relation to the best interests of the child and Mr Kotas and Mr Acharya also argued that the matter should be remitted to the first Tier Tribunal for findings in relation to the appellant's best interests.