United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Appeal Numbers:

VA 35154 2012

VA 35155 2012

Upper Tribunal

(Immigration and Asylum Chamber)

THE IMMIGRATION ACTS

 

Heard at Sheldon Court
On 29 July 2013	On 31 July 2013

 

Before

 

UPPER TRIBUNAL JUDGE PERKINS

DEPUTY UPPER TRIBUNAL JUDGE M A HALL

 

 

Between

 

ENTRY CLEARANCE OFFICER - LAGOS

Appellant

and

 

JULIET EKENNA OKEY UHEGWU

OKECHUKWU UWADIEGWU UHEGWU

Respondent

Representation:

For the Appellant: Dr N Uhegwu for the appellants

For the Respondent: Mr N Smart, Senior Home Office Presenting Officer

DETERMINATION

1.       The respondents to this appeal (hereinafter “the claimants”) appealed successfully to the first tier tribunal a decision of the present appellant (hereinafter “the Entry Clearance Officer) to refuse them entry clearance as family visitors.

2.       The Entry Clearance Officer was given permission to appeal because the First-tier Tribunal thought, wrongly, that it was arguable that the Tribunal had no jurisdiction to entertain the appeals. For reasons that are not clear permission to appeal was granted in both appeals although the Entry Clearance Officer only challenged one of the decisions.

3.       Before us Mr Smart recognised that the application for permission to appeal was misconceived and the Entry Clearance Officer’s case is unarguable. Both claimants are within the narrow band of relatives who, at the material time, could still appeal decisions to refuse them leave to enter as visitors.

4.       In the premises we dismiss both of the appeals by the Entry Clearance Officer that are before us.

5.       For the avoidance of doubt both claimants have shown that they satisfy the rules for admission to the United Kingdom as visitors and should be allowed to enter the United Kingdom in accordance with the First-tier Tribunal’s findings.

 

Signed
Jonathan Perkins Judge of the Upper Tribunal	Dated 30 July 2013