(Immigration and Asylum Chamber) Appeal Number: OA/19896/2012
THE IMMIGRATION ACTS
Heard at Field House
On 7 November 2013
On 13 November 2013
UPPER TRIBUNAL JUDGE MOULDEN
MISS MUSLIMA KHANOM
(No Anonymity Direction Made)
ENTRY CLEARANCE OFFICER - DHAKA
For the Appellant: Not legally represented. Her father and sponsor attended.
For the Respondent: Mr E Tufan a Senior Home Office Presenting Officer.
DETERMINATION AND REASONS
"I have considered the matter in the light of Article 8, but concluded that even if it was shown that there has been established a family life in the UK between (the sponsor) and (the appellant), such that denial of an entry clearance would be a disproportionate interference, I remind myself that there is no appeal before me concerning an application for entry clearance. The application the subject of this appeal was for the issue of a Certificate to which the appellant maintained she was entitled on the basis of her biological relationship with a British citizen, and the law as it currently stands. The facts have demonstrated that she is not, in my view, so entitled and that is the limit of this appeal. The mechanism by which a positive finding under Article 8 may result in the grant to a discretionary period of leave to enter or remain in the UK may not be deployed to direct the foreign post to issue a Certificate as to facts which manifestly may not be so certified."
Signed Date 8 November 2013
Upper Tribunal Judge Moulden