UTIAC (1) In family visitor appeals, the question whether there is a right of appeal depends on whether the application ‘was made’ for the purpose of visiting a relative to which the applicant is related in one of the ways described at paragraph 2 of the Immigration Appeals (Family Visitor) Regulations 2003.
(2) Ascertaining the purpose of the visit is primarily achieved by examining what the applicant said in the visit visa application form, although, as presently drafted, the forms may not provide sufficient opportunity to identify all relevant matters.
(3) In the event of ambiguity as to who is to be visited and whether they are a qualifying relative, regard may be had to extraneous evidence.
(4) Where a judge has embarked on the hearing of an appeal without objection and reaches the conclusion that the appellant was not seeking to visit a qualified person, there is a right of appeal to the Upper Tribunal. The right of appeal does not depend on the Immigration Judge’s findings of fact.
(5) Although the Immigration Appeals (Family Visitor) Regulations 2003 distinguish between two classes of in-laws (see SB (family visit appeal: brother-in-law?) Pakistan [2008] UKAIT 00053), an intention to visit a nephew or niece is within its scope.
Blake J P, Gill SIJ
[2011] UKUT 375 (IAC)
Bailii
England and Wales
Immigration
Updated: 01 November 2021; Ref: scu.445174