VA047992014

The Appellant is a Pakistani national and was born on 3 February 1972. He applied for entry clearance as a visitor and his application was refused by the Respondent on 4 June 2014. His right of appeal was limited to the grounds referred to in section 84 (1) (c) of the Nationality, Immigration and Asylum Act 2002. He appealed against the Respondent's decision and his appeal was dismissed by First-tier Tribunal Judge O'Hagan in a decision promulgated on 2 March 2015.

The Appellant's sister, Zahra Saqib attended the hearing as did the sponsor Mr Gulzar Khan. She relied on the grounds of appeal drafted by Habib Law Associates. She said that she did not attend the hearing before the First-tier Tribunal. She had not been in a financial position to sponsor the Appellant and hence Mr Khan had sponsored him. The Appellant was financially independent and not dependent on UK relatives.

Mr Richards submitted that there was no evidence before the First-tier Tribunal of family life between adults given that it was only Mr Khan who appeared at the hearing. It was not reasonable to expect the First-tier Tribunal to go into matters that were not before him. There was no error or any error of law was not material given that there was no evidence that would engage the Convention.

I reserved my decision in relation to whether there was a material error of law in the decision of the First-tier Tribunal.

The Respondent asserts that the evidence in respect of family life was very limited and appears to be simply the assertion that the Appellant intends to visit his sister who is living in the UK. The Respondent considered that there was insufficient evidence before the Judge to establish that there was a protected Article 8 family life. The fact that the Appellant may have a sibling in the United Kingdom is said to be clearly insufficient to establish that there is a protected Article 8 family life.