VA382272012 & VA382282012

On 13 th February 2014 Designated Judge of the First-tier Tribunal French gave permission to the appellants to appeal against the determination of Designated Judge of the First-tier Tribunal Coates who allowed the appeals (along with those of the appellants� parents) against the decisions of the respondent to refuse entry clearance as visitors in accordance with the provisions of paragraph 46A of the Immigration Rules. The decision to allow the appeals by the appellants� parents stands.

In granting permission Designated Judge French identified the single point at issue namely that, as the applications were made on 3 rd September 2012 after the Immigration Appeals (Family Visitor) Regulations 2012 came into effect, the appellants did not enjoy a right of appeal save on race relations or human rights grounds.

At the hearing the sponsor was unrepresented but I explained the nature of the proceedings and the issue in the grounds of application. After I had done so the sponsor agreed that the judge had made an error by failing to deal with the appeal by the two minor appellants on the limited grounds. I therefore announced that I was satisfied that the determination showed an error on a point of law for that reason and also having noted that the grounds of appeal for each appellant acknowledged the limited rights of appeal and claimed a breach of Article 8 human rights.

Ms Johnstone submitted that there was no evidence of family life between the parties. Article 8 did not give the right to holiday visits. The existing relationship could be maintained by the modern methods of communication which are already used. Further, only a short visit was proposed.

The sponsor said that the visit was to be at least a month and was a lifetime opportunity for the appellants. Not only was it a holiday but the maintenance of the family life between all the parties. They were to be shown this country. Further, the parents could not come without their children.