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

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: VA/05011/2013

THE IMMIGRATION ACTS

Before

DEPUTY UPPER TRIBUNAL JUDGE BRUCE

Between

Entry Clearance Officer, Abu Pretoria

Appellant

and

Master Anas Munafbhai Patel

(no anonymity direction made)

Respondent

Representation

For the Appellant: unrepresented

For the Respondent: Mr Harrison, Senior Home Office Presenting Officer

DECISION AND REASONS

1.      The Respondent Master Patel is a national of India date of birth 14^th March 2005. On the 23^rd April 2014 the First-tier Tribunal (Judge McClure) allowed his appeal against a refusal to grant him entry clearance as a visitor to the UK. The Entry Clearance Officer now has permission to appeal that decision.

2.      The Respondent is a young child and had applied, and appealed, in line with his parents. Their appeals were also allowed by the First-tier Tribunal. The complaint made in the grounds of appeal is that unlike his parents Master Patel did not have sufficient nexus to relatives in the UK to give him an unfettered right of appeal before the Tribunal. At the date that the appeals were lodged the full right of appeal in visit visa cases was only available to one of those class of persons defined in the Immigration Appeals (Family Visitor) Regulations 2012. He was coming to the UK to visit an aunt: that relationship was not close enough. His right of appeal to the Tribunal was therefore limited to the grounds of ‘human rights’ or ‘race discrimination’. It does not appear from the appeal forms that either ground was raised, and no arguable case has been advanced in that regard before Judge McClure or myself.

3.      The Entry Clearance Officer is of course correct. Master Patel did not have a right of appeal under the Rules and the decision of the First-tier Tribunal must be set aside, insofar as it relates to him. The Entry Clearance Officer might wish to consider, however, the unchallenged and untouched decision of Judge McClure insofar as it relates to the Respondent’s parents, and consider granting him the visa in line with them. Given the determination there would not appear to be any good reason why he should not be permitted to visit the UK, since he has demonstrated that he meets all of the relevant requirements of the Rules.

Decisions

4.      The determination of the First-tier Tribunal contains an error of law and it is set aside.

5.      The decision in the appeal is remade as follows: “There is no right of appeal under the Rules. The appeal is dismissed on human rights and race discrimination grounds”.

Deputy Upper Tribunal Judge Bruce

19^th December 2014