Cenir v Entry Clearance Officer

Cenir v Entry Clearance Officer

The adjudicator was entitled to find, on the evidence, that the sponsor's self-sacrificing absence and limited involvement in the appellant's upbringing did not amount to sole responsibility under paragraph 297(i)(e). The decision was fact-dependent and within the adjudicator's discretion.

Parties
Applicant/appellant: Alberto Cenir; Respondent: Entry Clearance Officer
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Indefinite Leave to Enter, Sole Responsibility for Child, Immigration Rules Paragraph 297(i)(e)
Immigration Law Indefinite Leave to Enter Sole Responsibility for Child Immigration Rules Paragraph 297(i)(e)

Case Brief

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Parties

Alberto Cenir

Applicant/appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the sponsor (mother) had sole responsibility for the appellant's upbringing under Immigration Rules paragraph 297(i)(e)

Ratio Decidendi

The adjudicator was entitled to find, on the evidence, that the sponsor's self-sacrificing absence and limited involvement in the appellant's upbringing did not amount to sole responsibility under paragraph 297(i)(e). The decision was fact-dependent and within the adjudicator's discretion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Section 11 order