UI2024000373

      The Appellant was born on 19 May 2009. He is a citizen of Pakistan. He appealed against the decision of the Respondent dated 8 November 2022, refusing him entry clearance as a child for settlement to be with his mother, Mahwish Khizar, who it is said had sole responsibility for him.

      For consistency and ease of reference I will refer to all documents by reference to the numbering in the bottom right-hand corner of the page of the electronic bundle for the Upper Tribunal, as in some places there are 3 sets of paginations on documents. I will make no reference to the additional documents submitted for this hearing that were not before Judge Hands, as Mr Broachwalla accepted that the application to consider them was only if a material error of law was found.

      The Appellant appeals against the decision of First-tier Tribunal Judge Hands, promulgated on 5 June 2023, dismissing the appeal against the refusal of the Respondent's decision.

      Judge Hands summarised the reasons for the Respondent's refusal as follows;

There is insufficient evidence to establish that the Appellant's father is agreeable to the Appellant traveling to the United Kingdom or that he has no contact with the Appellant. The Appellant's stepfather was evasive in that respect. Pakistan is not on the list of countries the Respondent recognises custody orders from and in any event, the first court order states the sponsor cannot take him out of Pakistan and if the Appellant's father was absent, there should be no need for that clause or for her to return to court, which suggests she does not have sole responsibility for the Appellant.