OA197842013

For the Appellant: Mr R. Sharma, Counsel, instructed by Malik Law Chambers Solicitors

The appellant is a citizen of Sri Lanka born on 7 October 1995. He made an application on 18 July 2013 for entry clearance as a dependant child under paragraph 297 of HC 395 (as amended) (�the Immigration Rules�). His application was rejected in a decision by the Entry Clearance Officer at Chennai on 15 October 2013. The appellant appealed against the decision to the First-tier Tribunal and his appeal came before First-tier Tribunal Judge K. S. H. Miller at a hearing on 3 October 2014 whereby the appeal was dismissed under the Immigration Rules and also on human rights grounds.

Permission to appeal was granted by a Judge of the First-tier Tribunal on a point that in fact turns out to be irrelevant for present purposes although the issue may arise subsequently for consideration.

�an interpreter had been booked but was not available at the time the case was called on. I advised that if there was any difficulty in answering any question, he should say so. He proceeded to give his evidence without any apparent problems.�

It is now contended in a ground that requires permission to be relied on by way of amendment to the grounds advanced before the Upper Tribunal, that there is procedural error in that part of the judge's decision. I say that the grounds require amendment because no complaint about the lack of interpreter appears to have been raised in the grounds seeking permission to appeal to the Upper Tribunal. Indeed, it does not appear from the determination, nor from what I can see in the judge�s manuscript record of proceedings, that the sponsor had any apparent difficulty giving evidence.