OA100242014 & OA100262014 [2015] UKAITUR OA100242014 (6 November 2015)

OA100242014 & OA100262014 [2015] UKAITUR OA100242014 (6 November 2015)

The First-tier Tribunal did not err in law in accepting the oral evidence of the Sponsors and finding that the requirements of paragraph 297(i)(d) were met, notwithstanding the lack of documentary evidence. Its credibility assessment and findings were adequately reasoned and open to it on the evidence.

Source-derived case information.

Citation
[2015] UKAITUR OA100242014
Parties
Appellant: Entry Clearance Officer; First Respondent: Miss G N M; Second Respondent: Miss C M B
Jurisdiction
United Kingdom
Judgment Date
06 November 2015
Procedural Posture
Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision stands
Legal Topics
Entry Clearance, Settlement of Children, Paragraph 297 Immigration Rules, Credibility Assessment, Documentary Evidence
Immigration Law Entry Clearance Settlement of Children Paragraph 297 Immigration Rules Credibility Assessment Documentary Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Entry Clearance Officer

Appellant

Miss G N M

First Respondent

Miss C M B

Second Respondent

Procedural Posture

Immigration Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in allowing the appeals of the claimants under paragraph 297(i)(d) of the Immigration Rules
  2. 2 Whether the First-tier Tribunal gave adequate reasons for its findings and credibility assessment
  3. 3 Whether the lack of documentary evidence (death certificates, adoption orders) was fatal to the claimants' case

Ratio Decidendi

The First-tier Tribunal did not err in law in accepting the oral evidence of the Sponsors and finding that the requirements of paragraph 297(i)(d) were met, notwithstanding the lack of documentary evidence. Its credibility assessment and findings were adequately reasoned and open to it on the evidence.

Court Disposition

Appeal dismissed; First-tier Tribunal decision stands

Orders

  • The decision of the First-tier Tribunal shall stand.
  • Anonymity order continued pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.