The Entry Clearance Officer appealed against a determination of Judge of the First-tier Tribunal . The Respondent before the Upper Tribunal was the Appellant before the First-tier Tribunal. The claimant is a male citizen of Pakistan who applied for entry clearance to the United Kingdom as a family visitor. He wished to visit his cousin, the Sponsor, for a period of six weeks. The application was refused, the ECO refusing entry clearance with reference to paragraph 320(7A), and paragraph 41(i) and (ii) of the Immigration Rules. The ECO contended that the claimant had submitted a false document, and did not accept that he was genuinely seeking entry as a visitor or that he intended to leave the United Kingdom. The claimant appealed to the First-tier Tribunal. The decision was reviewed by an Entry Clearance Manager and it was accepted the claimant had not submitted a false document. Therefore the ECO no longer relied upon paragraph 320(7A) but maintained the refusal under paragraph 41(i) and (ii). The claimant had referred to human rights in his Grounds of Appeal and the Entry Clearance Manager did not accept refusal of entry clearance breached Article 8 of the 1950 European Convention on Human Rights.
Hall DUTJ
[2014] UKAITUR VA182702013
Bailii
Immigration Rules 320(7A), European Convention on Human Rights 8
England and Wales
Updated: 23 August 2021; Ref: scu.544549
