OA175522013

The Appellant born on 1 st January 1945 is a citizen of Somalia. The Appellant was represented my Miss Evans of Counsel. The Respondent was represented by Mr McVeety, a Home Office Presenting Officer .

The Appellant had made application for entry clearance for settlement as the adult dependent relative of her son in July 2013. Her application was refused by the Respondent on 6 th August 2013. The Appellant appealed that decision and her appeal was heard by Judge of the First-tier Tribunal Brunnen sitting at Manchester on 29 th April 2014. He had dismissed the Appellant�s appeal under both the Immigration Rules and the Human Rights Act 1998.

Application for permission to appeal was made and granted by Judge Ievins on 20 th June 2014. The judge noted that the Grounds of Appeal may be thought little more than a disagreement with the conclusions reached by the judge but it was said that if certain factors were taken into account they may amount to something more than a disagreement. Directions were issued for the Upper Tribunal to decide firstly whether or not an error of law was made. The Respondent had opposed the Appellant�s application. The matter comes before me in accordance with the directions issued.

Miss Evans referred again to the application for permission to appeal and made reference to the judge not taking account of postdecision features such at the attack on a shopping mall arguing that such features were nevertheless circumstances appertaining at the time and should have been taken into account in terms of the Appellant�s ability to live in Kenya.

Mr McVeety noted that the Appellant could not meet the Immigration Rules and he submitted that the judge had correctly identified matters under Article 8.