UKIAT 00109 R (Philippines)
Heard at Field House
On: 29 July 2003
Prepared: 1 August 2003
For the Appellant: Mr J Walsh, Counsel
For the Secretary of State: Ms T Hart, HOPO
"(d) one parent is present and settled in the United Kingdom and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom … and has had sole responsibility for the child's upbringing; or
(f) one parent … is present and settled in the United Kingdom … and there are serious and compelling family or other circumstances which made exclusion of the child undesirable and suitable arrangements have been made for the child's care
"… the decision that has been made is the decision of the adjudicator. It is not for this court to make its own fresh decision of fact on the evidence as it appears from the papers. That is not the function on judicial review."
Decision: The claimant's appeal is dismissed.
1 August 2003