OA078102013

This is an appeal by the Appellant, a citizen of the Philippines, born on 10 June 1995 appeals against the decision of the Respondent dated 28 February 2013 refusing to her, entry clearance for settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement under paragraph 301 of HC 395 of the Immigration Rules (as amended).

The Appellant�s appeal was determined on the papers by First-tier Tribunal Judge V A Cox who in a determination promulgated on 19 November 2013 dismissed the appeal of the Appellant on both immigration and human rights grounds.

The Appellant�s application for leave to appeal that decision was successful and in granting permission to appeal First-tier Tribunal Judge Brunnen had this to say insofar as it is relevant to the present appeal:

� 2. The grounds on which permission to appeal is sought contend that the Judge erred in law in that she (1) failed to apply the correct burden and standard of proof; (2) failed to consider the Appellant�s best interests; (3) failed to take account of material evidence; (4) failed to give reasons for a central finding of fact; (5) misdirected herself by finding that Article 8 was not engaged because of the long separation of the Appellant from her father; (6) assessed proportionality by reference to the wrong point of law .�

Thus the appeal came before me on 7 February 2014 where my first task was to decide whether the determination of the First-tier Judge disclosed an error or errors on a point of law such as may have materially affected the outcome of the appeal.