VA169552013

The Entry Clearance Officer appeals against the decision of the First-tier Tribunal (Judge Cheales) to allow the appeal against the decision to refuse the respondent�s application for entry clearance to the United Kingdom in order to visit her uncle, Mr Wala Olujimi Ogunyanwo (hereafter, �the sponsor�).

Having indicated my decision to set aside the decision of the First-tier Tribunal, I heard submissions from each of the representatives as to whether the appeal should be allowed on the ground that the decision was incompatible with the respondent�s right to respect for private and family life under Article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms.

Mr Asomaning submitted that the evidence demonstrated that the sponsor was financially supporting the respondent in her studies at her university in Crimea. I am satisfied, on a balance of probabilities, that this is correct. I am also satisfied, to the same standard, that the respondent has a particularly close emotional bond with the sponsor. However, this is not to suggest that she does not also have an emotionally close bond with her parents, who reside in Nigeria.

However, I am not satisfied that any of the above constitutes �family life�. The respondent is an adult. Whilst she is not yet financially independent, she nevertheless does not live with either the sponsor or her parents. Therefore, for all practical purposes, she is living an independent life.

However, even if the potential operation of Article had been engaged, I would have been satisfied (for the reasons set out above) that the decision was lawful and proportionate in furtherance of the economic well being of the country through the consistent application of immigration controls.