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The Respondent is a national of Bangladesh, born on 2 nd February 1986. On 16 th April 2013, he applied for a certificate of entitlement to the right of abode as the son of Mozid Ali, who was registered as a British citizen under section 6(1) of the BNA 1948 on 8 th September 1972. His three siblings applied at the same time. The applications were refused on 22 nd July 2013 and appeals were lodged against the decisions.
The appeals came before First Tier Tribunal Judge Sullivan for hearing on 15 th April 2015. Both of the Respondent's parents had died but his brother, Akbul Ali, attended the hearing as the Sponsor of the Respondent and his other siblings. At the hearing, the Home Office Presenting Officer accepted that Mozid Ali could pass British citizenship on to his children and the only issue in the appeals was whether the Respondent and his siblings were the sons and daughters of Mozid Ali.
In a decision promulgated on 1 st May 2015, First Tier Tribunal Judge Sulllivan allowed the appeal of the Respondent and dismissed the other three appeals, based on the DNA evidence.
Permission to appeal was granted by First Tier Tribunal Judge McDade on 22 nd June 2015 on the basis that the points raised in the grounds of appeal were arguable and there was an arguable error of law.
In response, Ms Vidyadharan submitted that it was not possible for the Home Office Presenting Officer to have waived the statutory requirements which are set out in the schedule.
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