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The Appellant is a national of Eritrea date of birth 25 th February 1996. She appeals with permission [1] the decision of the First-tier Tribunal (Judge Chambers) [2] to dismiss her appeal against the Respondent's decision to refuse to grant her entry clearance as the family member of a refugee.
i) Failing to take relevant material into account in particular the evidence of the Appellant's 'mother' as to why the Appellant was not named on the VAF, and the evidence of the two witnesses;
ii) Attaching undue weight to a screening interview contrary to the guidance in YL (Reliance of SEF) China [2004] UKIAT 00145 ;
iii) Misdirecting itself as to the record of proceedings. The determination suggests that the adjournment had been granted in order that the 'missing' parts of the DNA report be served. In fact the adjournment was granted to the Respondent so that she could consider whether she wished to challenge the report;
Criticism is also made of the Tribunal's decision to dismiss the appeal on Human Rights grounds. Given that the success of these grounds would depend on the central matter in issue under the Rules being resolved in the Appellant's favour, Mr Tettey did not before me pursue this submission.
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