BM v Entry Clearance Officer - Sheffield

Facts

The appellant, BM, is a citizen of Zimbabwe who was 13 years old at the date of application and 15 at the date of hearing. Her father is deceased and her mother lives in Germany, having left her in the care of her grandmother, the sponsor, when she was one year old. The sponsor, who has indefinite leave to remain in the United Kingdom, moved here in 2016, leaving the appellant in the care of a maid. An application to join the sponsor made on 30 August 2023 was refused on 6 December 2023 and does not appear to have been appealed. A further application for entry clearance was made on 6 June 2024 and refused by the entry clearance officer on 2 September 2024. The respondent accepted the claimed relationship but did not accept that the sponsor had sole responsibility for the appellant, that adequate accommodation and maintenance were available, or that there were serious or compelling family circumstances making exclusion undesirable under paragraph 297(i)(f) of the Immigration Rules; family life was said not to be engaged, and the decision proportionate in any event. The appellant appealed on human rights grounds to the First-tier Tribunal, where the respondent did not appear.