OA012372014 & Ors.

The respondents� appeals against decisions to refuse them entry clearance, to enable them to join their mother in the United Kingdom for settlement were allowed by First-tier Tribunal Judge Coutts (�the judge�) in a Decision and Reasons promulgated on 27 October 2014.

The Secretary of State applied for permission to appeal, contending that the judge had not explained his favourable finding regarding sole responsibility. No adequate reasons were given and the judge failed to have regard to the guidance given in TD [2006] UKAIT 00049 . Permission to appeal was granted in December 2014.

Miss Isherwood handed up a copy of TD . Mr Unigwe handed up written submissions and a copy of the witness statement which had been before the judge.

The judge�s finding that the sponsor was a credible witness was not enough. The evidence was not sufficient to show how she dealt with the important decisions concerning her children. The judge found that the children�s mother maintained contact with them but there was no detail here about important decisions.

Miss Isherwood said in a brief response that every decision had to be adequately reasoned. The sponsor's witness statement was largely concerned with finances and there was little about the direction or control of the children�s lives. The arrangement made with her aunt was a temporary one.