VA192542013

This is an appeal by the Entry Clearance Officer, Muscat against a decision of the First-tier Tribunal allowing an appeal by the applicant against a decision made on 27 October 2013 refusing him entry clearance as a visitor. In this determination I will refer to the parties as they were before the First-tier Tribunal, the applicant as the appellant and the Entry Clearance Officer as the respondent.

The appellant is a citizen of Pakistan born on 23 December 1976. He has lived in Muscat, Oman since 11 September 2011 where he was employed as an electronic computer technician. On 5 August 2013 he applied for entry clearance to visit his parents who are resident in the UK and to attend a religious convention organised by the Ahmadiyya Muslim community.

The appeal was decided without a hearing on 14 July 2014.The judge noted the grounds on which the application was refused and the reasons given. After directing himself on the burden and standard proof he said:

Although the appellant is not securely settled in Oman the marked appearance is that he has realistic expectations of joining his family in Canada. He would therefore have a strong incentive to comply with the Immigration Rules and to return to Oman. I find on the balance of probabilities that all the requirements of para 41 will be satisfied and I allow the appeal.�

There has been no appearance by or on behalf of the appellant. I am satisfied that the notice of hearing has been properly served on nominated solicitors in the UK. In the absence of any explanation for their failure to attend I am satisfied that the proper course is to proceed with this hearing.