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

 

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: VA/02999/2013

VA/03079/2013

 

THE IMMIGRATION ACTS

 

 

Heard at Field House	Determination Promulgated
On 2nd April 2014	On 3rd April 2014

 

 

Before

 

upper tribunal judge MARTIN

 

Between

 

MISS IMAN FATIMA HASHMI

Master Muhammad Ali Moeez Hashmi

Appellants

 

and

 

Entry Clearance Officer - ABU DHABI

Respondent

 

Representation:

 

For the Appellants: Not Represented

For the Respondent: Mr G Saunders (Senior Home Office Presenting Officer)

 

 

DETERMINATION AND REASONS

1.             The Respondent appeals to the Upper Tribunal, with permission, against the determination of the First-tier Tribunal (Judge S J Clarke) promulgated on 14^th November 2013 by which it allowed the Appellants’ appeals against Entry Clearance Officer’s decision to refuse them to leave to enter as family visitors.

2.             The Appellants had made the visa application with their mother with a view to visiting their mother’s sister in the UK.

3.             All three were refused. All three lodged notices of appeal and the First-tier Tribunal allowed all three. However the two Appellants above, being outwith the permitted relationship with the Sponsor to grant a full right of appeal; had only a limited right of appeal upon grounds, which were not raised. Thus the First-tier Tribunal had no jurisdiction to determine their appeals and in doing so made a material error of law. I set aside the determination in so far as it relates to these two Appellants and remake it dismissing it for want of jurisdiction.

4.             The Respondent’s appeal to the Upper Tribunal is allowed.

 

 

 

Signed Date 2^nd April 2014

 

 

 

Upper Tribunal Judge Martin