OA/13277/2012

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal no: oa 13277-12

THE IMMIGRATION ACTS

At 
Decision signed: 31.05.2013
on 31.05.2013
sent out: 05.06.2013

Before:
Upper Tribunal Judge
John FREEMAN

Between:
Quinta Aponghe NGONGANANG
appellant
and

 ACCRA

respondent
Representation:

For the appellant: Michael Wainwright (counsel instructed by Law Clinic Co Ltd)
For the respondent: Miss Alexandra Everett


DETERMINATION AND REASONS
This is an appeal, by the , against the decision of the First-tier Tribunal (Judge Oscar del Fabbro), sitting at Taylor House on 12 February, to  a dependent relative appeal by a citizen of the Cameroons, born 26 July 1994, against refusal of a visa, for which she had applied on 26 March 2012, on 24 May. The entry clearance officer considered the application under paragraph 317 of the Rules, dealing with dependent relatives over 18, and not paragraph 297, as he should have done; nor was this noticed, either by the person who drafted the original grounds of appeal to the First-tier Tribunal, or the entry clearance manager who saw them and reviewed the decision.

2. The judge dealt with the case under both paragraphs: this itself was not to the appellant’s disadvantage, as he considered 317, not instead of, but as well as 297. However, it is now agreed that the appellant was entitled to a decision on 297 from the entry clearance officer himself, having made her application when she was under 18; so I shall do what the judge should have done (if only anyone had suggested it to him) and declare that the application remains open for decision by the entry clearance officer.
Appeal : entry clearance officer to reconsider application under paragraph 297 of Rules

(a judge of the Upper Tribunal)