OA109872014

This is an appeal by the Appellant against the decision of First-tier Tribunal Judge M A Khan (the judge), promulgated on 1 October 2015, in which he dismissed the Appellant's appeal on all grounds. That appeal was against the Respondent's decision of 13 August 2014, refusing to grant entry clearance under paragraph 297 of the Immigration Rules (the Rules).

On or soon after 23 May 2014 the Appellant had applied for entry clearance to join his mother (the sponsor) in the United Kingdom. In refusing the application the Respondent concluded that the sponsor did not have sole responsibility for the Appellant and nor were there serious and compelling family or other reasons making his exclusion from this country undesirable.

In paragraph 32 the judge concludes that there were no serious and compelling family or other reasons. As to Article 8, the judge believed that the relevant date for consideration of the facts was that of the hearing. He rejects the Article 8 claim.

Ground 1 asserts that the judge made a factual error in finding that the sponsor last went opt see the Appellant in February 2012, when in fact she went in December 2013 too. Ground 2 asserts that the judge failed to consider the case of Mundeba (s.55 and para 297(i)(f)) [2013] UKUT 88 (IAC) when assessing the issue of sole responsibility. Ground 3 asserts that the judge erred in considering the Article 8 claim as at the date of hearing.

Permission to appeal was granted by First-tier Tribunal Judge Shimmin on grounds 1 and 2, but refused on ground 3.