VA044502014

This is an appeal against the Decision and Reasons promulgated on 13 March 2015 by First-tier Tribunal Judge Aziz. The decision under appeal before the First-tier Tribunal was the refusal by the respondent of an application to enter the UK as a family visitor.

The decision to refuse the application was reviewed by an Entry Clearance Manager who acknowledged that the sponsor was able and willing to support the appellant, but again noted that the appellant had failed to provide any supporting documents with regards to her own personal and/or economic ties to Ukraine.

The First-tier Tribunal Judge was required by s86(2) of the Nationality, Immigration and Asylum Act 2002 to determine any matter raised as a ground of appeal. The Grounds of Appeal advanced by the Appellant expressly referred to the ECHR and the appellant claimed that there was no other way that the appellant would be able to see her son, to whom she is close, other than by her travelling to the UK for a short visit.

First-tier Tribunal Judge Aziz dismissed the appeal brought by the appellant under Article 8 ECHR for the reasons set out in his decision promulgated on 2 nd March 2015. He noted that there is only a limited right of appeal on human rights grounds.

The appellant was granted permission to appeal by First-tier Tribunal Judge Nicholson who made reference to the decision of the Upper Tribunal in Mostafa (Article 8 in entry clearance) [2015] UKUT 112 (IAC) . In that case, the Upper Tribunal held that the claimant's ability to satisfy the immigration rules is not the question to be determined by the Tribunal, but is capable of being a weighty, though not determinative, factor when deciding whether such refusal is proportionate to the legitimate aim of enforcing immigration control.