OA130132014

For the Respondent: Mr A Jafar, Counsel instructed by The Chancery Partnership, London

Mrs Cuiyun Su is a citizen of the People's Republic of China. Her date of birth is recorded as 10 th October 1940. Sometime in July 2014 she made application for entry clearance to the United Kingdom on the basis that as a result of her age, illness or disability she required long-term personal care to perform everyday tasks, having regard to E-ECDR.2.4.

Judge Nicholls clearly found the Sponsor, the Respondent's daughter, to be very impressive in the evidence that was given and indeed says so in terms at paragraph 17. He had regard to the medical evidence such as it was but also to the evidence given by the Sponsor and came to the view that there was a long-term need for Mrs Su to have emotional care which could not be provided in China but could only be provided by her daughter, the Sponsor, in the United Kingdom.

Not content with that finding, by Notice dated 17 th September 2015 the Entry Clearance Officer made application for permission to appeal to the Upper Tribunal. The grounds focused entirely on the interpretation by the judge of Rule E-ECDR.2.5. and it was submitted that:

"The fact that the [Respondent] and Sponsor may not want her to access that care cannot lead to a finding that it is not available. The First-tier Tribunal Judge itself [sic] records the Sponsor's evidence at paragraph 17 that residential care is available and accessible to the [Respondent].