OA248262012

For the Respondent: Ms E King, of Counsel instructed by Messrs Lawrence Lupin Solicitors

The Secretary of State appeals, with permission, against a decision of Judge of the First-tier Tribunal Thanki who in a determination promulgated on 15 May 2014 allowed the appeal of Mrs Saliha Nasim on human rights grounds against a decision of the Entry Clearance Officer to refuse her leave to enter as the dependant of her son who is a refugee in Britain.

Although the Entry Clearance Officer is the appellant before me I will for ease of reference refer to him as the respondent as he was the respondent before the First-tier Tribunal. Similarly I will refer to Mrs Saliha Nasim as the appellant as she was the appellant in the First-tier.

The appellant is a citizen of Pakistan born on 1 April 1944. She applied on 24 July 2012 for entry clearance for settlement under the family reunion policy as a dependent relative of her son. The application was considered under Appendix FM Section EC-DR.1.1(d) on the basis that she had not produced evidence to show that she was the mother of the refugee sponsor son in Britain and that in any event she had other relatives who could care for her in Pakistan and the care costs could be met by the financial help from the sponsor in Britain.

The judge heard evidence from the sponsor and noted that it was conceded that the appellant could not meet the requirements of Appendix FM. She noted that the only arguments being put forward were that the appellant�s rights under Article 8 of the ECHR would be infringed by removal.