OA056052014

This is the Appellant's appeal to the Upper Tribunal against a decision of the First-tier Tribunal (Judge Grimshaw, hereinafter "the judge") dismissing his appeal against a decision of an Entry Clearance Officer made on 26 th March 2014, refusing to grant him entry clearance to come to the UK for the purposes of settlement as the infant child of his mother and Sponsor.

By way of further background, the Sponsor explained that she had not previously been in a position to adequately maintain the Appellant but had, nevertheless, sent him some money at various times since she had come to the UK. She said that, since arriving here, she has had two further children, a son born on [ ] 2007 and a daughter born on [ ] 2010, both of whom are British citizens. Her daughter has neurological problems and the Sponsor is her carer.

The judge heard the appeal on 14 th May 2015. The Sponsor attended and gave oral evidence. Both parties were represented.

As indicated, the judge dismissed the appeal. She considered the position under the Immigration Rules first of all and said she was satisfied a false document had been filed in support of the application such that refusal, following paragraph 320(7A) under the Rules, was mandatory. She explained her reasoning as to that in this way;

"26. It may very well be the case that the Appellant, together with his mother and grandmother are innocent victims in the matter and did not know that the birth certificate issued had not come from the Registrar. However, that is not the end of the matter. The refusal notice also alleges the falsification of the document that purports to be the Appellant's birth certificate.