OA164302014

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify her or any member of her family. This direction applies both to the appellant and to the respondent. Failure to comply with this direction could lead to contempt of court proceedings.

The appellant is a citizen of Zimbabwe born on 23 December 1997 who appeals, with permission against a decision of Judge of the First-tier Tribunal Davey, who in a decision promulgated on 26 August 2016 dismissed her appeal against the refusal of entry clearance made by the Entry Clearance Officer, Pretoria, on 4 November 2014. She was refused under the provisions of paragraph 319X of the Immigration Rules and on human rights grounds.

The appellant's appeal had originally been heard in the First-tier by Judge of the First-tier Tribunal Jones on 20 August 2015. She determined the appeal on the papers before her. After further submissions on behalf of the sponsor her judgment was set aside and the appeal was heard by Judge of the First-tier Tribunal Davey on 24 June 2016.

The grounds of appeal did not appear to argue that the decision was in breach of the appellant's rights under the Immigration Rules but merely argued that the judge had erred in his consideration of her rights under Article 8 of the ECHR. Before Judge Davey the appellant was represented, and Judge Davey did consider the provisions of paragraph 319X(i) and accepted that the appellant met the provisions of paragraph 319X(i). Moreover, in paragraph 2 of the determination he stated: