OA203442013 [2015] UKAITUR OA203442013 (11 February 2015)

OA203442013 [2015] UKAITUR OA203442013 (11 February 2015)

The First-tier Tribunal judge was entitled to conclude, on the balance of probabilities and in the absence of evidence to the contrary, that the appellant's mother returned to Jamaica before the date of decision, and that the sponsor did not have sole responsibility for the child. The grounds of appeal amounted to mere disagreement with the judge's findings and did not disclose an error of law.

Citation
[2015] UKAITUR OA203442013
Parties
Appellant: Master DBB; Respondent: Entry Clearance Officer
Jurisdiction
United Kingdom
Judgment Date
11 February 2015
Procedural Posture
Immigration Appeal / Appeal to Upper Tribunal
Outcome
appeal dismissed
Legal Topics
Entry Clearance, Sole Responsibility, Child of Settled Parent, Standard of Proof
Immigration Law Entry Clearance Sole Responsibility Child of Settled Parent Standard of Proof

Case Brief

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Parties

Master DBB

Appellant

Entry Clearance Officer

Respondent

Procedural Posture

Immigration Appeal / Appeal to Upper Tribunal

Legal Issues

  1. 1 Whether the appellant's father had sole responsibility for the appellant's upbringing for the purposes of entry clearance as a child of a settled parent
  2. 2 Whether the First-tier Tribunal judge erred in law in assessing the evidence regarding the mother's return to Jamaica

Ratio Decidendi

The First-tier Tribunal judge was entitled to conclude, on the balance of probabilities and in the absence of evidence to the contrary, that the appellant's mother returned to Jamaica before the date of decision, and that the sponsor did not have sole responsibility for the child. The grounds of appeal amounted to mere disagreement with the judge's findings and did not disclose an error of law.

Court Disposition

appeal dismissed

Orders

  • The original judge did not err in law. The decision stands.
  • Anonymity direction granted under Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008.