Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: VA/05368/2013
THE IMMIGRATION ACTS
Heard at Glasgow | Determination promulgated |
on 23 May 2014 | On 27 May 2014 |
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Before
UPPER TRIBUNAL JUDGE MACLEMAN
Between
MORTEZA OMIDI
Appellant
and
ENTRY CLEARANCE OFFICER, Iran
Respondent
For the Appellant: Mr G P McGowan, of Quinn, Martin & Langan, Solicitors
For the Respondent: Mr A Mullen, Senior Home Office Presenting Officer
No anonymity order requested or made
DETERMINATION AND REASONS
1. The appellant appeals against a determination by First-tier Tribunal Judge Wallace, dismissing his appeal against refusal of a family visit visa.
2. The judge concluded at ¶40 that there was no reason to think this was anything other than a genuine application, or that the appellant would have any desire to remain in the UK beyond his proposed 3 week visit; and at¶43 that it was only natural for the sponsor to wish to be visited by her brother. Mr Mullen fairly and correctly conceded that standing those findings, to which the respondent raised no challenge, there was no reason for the judge to have gone on to dismiss the appeal for “lack of documentation”.
3. The determination of the First-tier Tribunal is set aside. The appeal, as originally brought by the appellant to the First-tier Tribunal, is allowed.
23 May 2014
Judge of the Upper Tribunal