IA017462013

The appellant was born on 28 August 1985. She arrived here as a student in September 2008 but an application for an extension of that leave in November 2009 was refused as was a further application made on the same basis in October 2011. Reasons for the refusal are not known. In August 2011 she made an application for a residence card but this was refused as well and her appeal against that decision was dismissed by First-tier Tribunal Judge C M A Jones by way of a determination promulgated on 27 February 2012 on the basis that dependency either here or in Nigeria had not been established.

The appeal came before me on 5 September 2013. The appellant and the sponsor were in attendance and I heard submissions from the parties as to whether or not the First-tier Tribunal had made errors of law.

Ms Targett-Parker replied. She submitted that there was more than just the accommodation provided by the sponsor; she had paid for the appellant�s fare to the UK and her visa. It was not clear whether the affidavit on guardianship had been before Judge Jones but the document had not been challenged by the presenting officer at the most recent hearing. It would be unfair to re-open this issue. The appellant�s parents had died and as her older sister it was likely that she was the appellant�s guardian. No further evidence was needed and the decision should be re-made and the appeal allowed.

That completed the submissions. At the conclusion of the hearing I reserved my determination.

The issue before the judge was whether the appellant was dependent upon the sponsor prior to her arrival in the UK. I have considered the submissions made and the evidence and determination with care.