OA061072013

The appellant appeals with leave against the decision of First-tier Tribunal Judge Moore dismissing her appeal against the decision of the respondent made on 24 January 2013 refusing her application for entry clearance to enter the UK as the child of a parent present and settled in the UK under paragraph 297(i)(e) of HC 395, as amended. The respondent was not satisfied that the appellant�s sponsor and mother has had sole responsibility for her upbringing.

The appellant is a citizen of Ghana born on 30 June 1995. She is the only child of her mother Ms Jane Bus-Kwofie, the sponsor.

In her witness statement the sponsor said that she came to the UK in February 1998 with a visitor�s visa. She applied for an extension of her stay after she met a man and married him. The application was refused. The marriage broke down. She graduated from university in 2003 and at that time became an overstayer since she had no visa to study. She was granted indefinite leave to remain in 2010. He was given a naturalisation certificate in January 2010 and granted a British passport in October 2012.

The sponsor said in her witness statement that although over the years her mother has looked after the appellant, she has been the one who has made all the major decisions as regards her life. She sent money to her mother for the appellant�s school fees, doctor�s fees, food and clothing, and birthday parties. It was because of her lack of visa in the UK she could not go and visit her. She has been the parent with sole responsibility for the appellant. Her mother, the appellant�s grandmother, has always asked first before taking any decisions about the appellant.

The sponsor�s mother�s health was failing. A medical certificate was submitted in support of her failing health. The sponsor�s mother needs a wheelchair and is not able now to take responsibility for the appellant.