OA017042013

The respondent, whom I shall refer to as the appellant as he was before the First-tier Tribunal, is a citizen of Pakistan and his date of birth is 30 December 1994. The appellant made an application for entry clearance to join his mother in the UK. His mother is a British citizen, Suriya Begum. The application was refused by the Entry Clearance Officer in Islamabad in a decision of 27 November 2012.

The application was refused because it was not clear to the Entry Clearance Officer what the appellant�s father�s circumstances were and the appellant had not satisfied that the sponsor had sole responsibility for him or that the appellant was not leading an independent life.

The appellant appealed against the decision of the ECO and his appeal was allowed by Judge of the First-tier Tribunal Scott in a determination which was promulgated on 9 May 2014 following a hearing on 3 April 2014. The appeal was allowed under the Immigration Rules. Permission to appeal was granted to the Secretary of State by Designated Judge of the First-tier Tribunal Coates in a decision of 19 June 2014.

The Judge heard oral evidence from the sponsor Ms Begum. Her evidence was that she had left Pakistan in 2006. She fled her husband as a result of domestic violence. She fled taking her two youngest sons with her but leaving the appellant because at the time she fled from the family home he was sleeping in a room with his father and she did not wish to alert her husband to her departure.

Ms Begum made contact with the appellant through a third party, a friend, Mr Mehmood. She decided that she would bring the appellant to the UK. Mr Mehmood has been looking after the appellant since 2012 and during that time the sponsor has had sole responsibility for him and the appellant has had no contact with his father.