OA006652013

The appellant is a citizen of Lebanon. She is now 15 years old, but was 13 at the date of decision. She applied for entry clearance to settle in the UK with her father (the sponsor), who is now a British citizen. The sponsor obtained permanent residence in the UK in 2010, and was naturalised as a British citizen in 2012. The appellant�s application was refused on 26 November 2012, with a review on 27 February 2013, and her appeal was subsequently dismissed by First-tier Tribunal Judge Flynn, in a determination promulgated on 23 December 2013.

Permission to appeal was initially refused by First-tier Tribunal Judge Foudy, on 1 April 2014, but was then granted, on renewed grounds prepared by new representatives, by Upper Tribunal Judge Goldstein, on 12 June 2014. In granting permission the Upper Tribunal Judge observed that there were arguable issues as to whether the judge was entitled in law to reach the conclusions that she did for the reasons given.

A Rule 24 response for the respondent was provided, defending the judge�s determination, on the basis that valid reasons had been given as to why the judge found the sponsor not to have sole responsibility for the appellant.

On the third ground Ms Heidar accepted that she was placing less emphasis on her challenge to the Article 8 aspect, because she accepted that the outcome turned on paragraph 297 there was, however, a significant factual error in that paragraph 54 referred to the sponsor living alone, whereas paragraph 10 of the determination referred to his relationship with his partner.

Having risen to give further consideration to the submissions by both sides I indicated, at the hearing, that I found the second ground to be made out, and that the determination did disclose a material error of law in not addressing the correct legal framework in reaching the decision on sole responsibility. I also indicated that I did not find either of the other two grounds to have been made out.