OA120962013

The appellant born on 30 July 1999, a national of China appealed to the First-tier Tribunal against the decision of the respondent dated 13 May 2013 to refuse the appellant leave to enter the United Kingdom pursuant to pursuant to paragraph 297 of HC 395 (as amended) and Article 8 of the European Convention on Human Rights.

The First-tier Tribunal dismissed the appellant�s appeal, concluding that there is no evidence of any form of communication between the appellant and her mother, whether by letter, greetings card or by email and that there are no photographs. The Judge stated the following which I summarise. The appellant�s mother went to the United Kingdom in 2002 and returned to China in 2012. During this time the appellant had been living with her grandparents.

The appellant�s mother recently made a trip to China to visit the appellant so that they could spend the appellant�s 15 th birthday together. The appellant supplied further documentary evidence which was not available previously including a declaration of Ping Zheng dated 20 August 2014, National Certificate dated 20 August 2014, Chinese document certified by FSG law firm dated 8 August 2014, passport copy and boarding pass as evidence of the appellant�s mother�s trip to China.

The Judge did not properly consider the case of TD and the case of Nmaju v SSHD [2001] INLR 26 as to the length of time which the parent concerned had sole responsibility. Paragraph 17 of the determination states that the evidence points to recent contact only.

The Judge makes no findings whatsoever with regard to whether there are indeed compelling family or other considerations which make the exclusion of the child undesirable and suitable arrangements have been made for the child�s care.