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The Appellant is a Zimbabwean national born on 25 th January 2003. The Appellant applied for entry clearance to settle with his mother under the family reunion provisions of the Immigration Rules. The Appellant was 11 years of age at the date of application and his mother, Miss Ellen Gonyora, has refugee status in the UK. The Appellant�s 14 year old brother was already living in the United Kingdom with their mother.
The Appellant�s application was refused by the Respondent on 28 th May 2013. His appeal against that refusal was allowed under the Immigration Rules by Judge of the First-tier Tribunal Thomas on 27 th June 2014.
Permission to appeal was granted by a Designated Judge on 3 rd November 2014 on the basis that it was arguable that the First-tier Judge erred in law in stating that the standard of proof, which lay upon the Respondent in proving that a material document was not genuine, was higher than the balance of probabilities.
That is the background against which the matter came before me for an error of law hearing on 5 th January 2015.
Representation was as mentioned above. The Sponsor was present at the hearing. I have taken into account all the documents which were before the First-tier Tribunal plus the grounds of application for permission to appeal by the Respondent�s representative and a Rule 24 response drafted by Counsel who represented the Appellant before the First-tier Tribunal.
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