OA211182013

This is the Respondent's the Entry Clearance Officer's appeal against the decision of First-tier Tribunal Judge Rastogi promulgated on the 18 th May 2015 in which she allowed the Appellant's appeal against the Respondent's decision to refuse Entry Clearance to the Appellant as a child in order for her to settle in the United Kingdom with her father Mr Ye under paragraph 297 (1) (E) of the Immigration Rules. For the purposes of clarity, throughout this decision Miss Huang is referred to as "the Claimant".

Permission to appeal case been granted by Upper Tribunal Judge McGeachy on the 1 st September 2015 on the grounds that it was arguable that it had not been demonstrated that the Appellant qualified for Leave to Enter under the Rules, as it had not been shown that there were serious and compelling family or other considerations which made exclusion of the Appellant from the UK undesirable and it was arguable that there was no evidence of sole responsibility.

Ms Mac on behalf of the Claimant relied upon her skeleton argument and argued that she made full submissions within the skeleton argument and that the Judge had made adequate and appropriate findings regarding sole responsibility and that there was no material error of law.

In such circumstances, given the concession properly made by Mr Walker that the decision of First-Tier Tribunal Judge Rastogi did not disclose a material error of law, and given my findings in respect of the grounds of appeal above, I find that the decision of First-tier Tribunal Judge Rastogi does not contain a material error of law and the decision shall stand.

The decision of First-tier Tribunal Judge Rastogi does not contain a material error of law and shall stand;