VA125792013

This is an appeal against a determination of First-tier Tribunal Judge Herbert promulgated on the 14 th January 2014, following a hearing at Taylor House on 23 rd December 2013, in which the Judge dismissed the appeal against the refusal of an Entry Clearance Officer (ECO) to grant to the Appellant leave to enter the United Kingdom for the purposes of a family visit.

The Appellant is a citizen of Bangladesh born on the 31 st December 1989. The ECO reviewed the documents provided in support of the application and noted a number of trade licences had been produced at least one of which, based upon information set out in a document verification report, was found not to be genuine and not to have been issued by the appropriate authorities in Bangladesh. The application was therefore referred to an Entry Clearance Manager and refused under the provisions of paragraph 320 (7A) of the Immigration Rules.

Permission to appeal was granted by another judge of the First-tier Tribunal on the basis the Judge had made an arguable legal error by failing to indicate expressly or otherwise that the onus of proving falsity or deception falls upon the Respondent.

It is not necessary for permission to appeal to be granted to the Upper Tribunal on the basis of an alleged failure to refer to the appropriate burden and standard of proof if a reading of the determination clearly shows that that correct burden standard were applied by the Judge in reaching his or her decision.

The statement by the Judge that there was no rebuttal evidence provided is factually correct and it is clear that no application for an adjournment was made to enable a direction to be sought for such material to be produced. Mr Hasan submitted that the Chairman of the Trade License Board would only give such information if the court directs but if no application is made for such a direction the Judge cannot be criticised and no legal procedural error is established.