OA122282013

The respondent applied to join his sister and mother in the UK. The Reasons for Refusal Letter refers to paragraph 297 with reference to (1)(e). The documentation concerning the respondent referred to him as a third born child whereas he has stated himself to be a second born child. Also of concern was the absence of any consent from his father.

In his determination First-tier Tribunal Judge Majid (FTJ) allowed the appeal on immigration grounds and human rights grounds. The sponsor attended the hearing but the respondent was not legally represented in the UK. The findings made in the determination are limited but essentially the FTJ found the evidence of the sponsor and the respondent�s sister to be credible [12] and he also took into account the affidavit of the sponsor [10], and a declaration made by the respondent�s father [12].

The grounds of appeal raised by the appellant were that the FTJ failed to make proper findings of fact and or reasons with reference to the immigration rules and failed to give reasons why the respondent�s circumstances were not sufficiently recognised by the Rules. Permission to appeal was granted by First Tier Judge Page on the grounds that the determination was unclear in particular as to why the appeal was allowed.

I heard Mr Walker�s realistic and helpful submissions this morning. I have looked at the determination overall and whilst I find that the judge may not have set out his reasons as clearly as he could have, I am satisfied that he has engaged with the material issues in the appeal. The determination, it has to be said, fails to set out clearly and precisely findings, but the FTJ has made reference to the relevant Immigration Rules with reference to the Reasons for Refusal Letter.

Accordingly I have decided that there is no material error of law in the judge�s decision and that the determination shall stand. The appeal is dismissed. I direct that the respondent is to be granted entry clearance forthwith upon the issue of this determination .