VA042592014

The appellant (�the SSHD�) appeals against a decision of Designated Judge of the First-tier Tribunal Baird dated 27 January 2015 in which the respondent�s appeal against a decision dated 23 June 2014 to refuse him entry clearance as a visitor was allowed under the Immigration Rules.

The issue raised in this appeal relates to the jurisdiction of the Tribunal in visitor appeals. The position of the SSHD is set out in the grounds of appeal against the Judge�s decision. In summary, the SSHD submits that all applications for entry clearance as a visitor on or after 25 June 2013 only attract a right of appeal on human rights and race relations grounds. The SSHD relies upon section 52 of the Crime and Courts Act 2013 (�the 2013 Act�).

Unfortunately Judge Baird did not have the advantage of a SSHD representative at the hearing before her. In finding that the respondent had an appeal under the Immigration Rules [3] she has erred in law. It is clear that with effect from 25 June 2013 section 52 of the 2013 Act amended section 88A of the Nationality, Immigration and Asylum Act 2002 so that there is no right of appeal against refusal of entry clearance in a family visitor case save on race discrimination or human rights grounds � see Mostafa (Article 8 in entry clearance) [2015] UKUT 112 (IAC) at [6, 11 and 13].

It follows that the First-tier Tribunal has erred in law in considering and then allowing the appeal under the Immigration Rules and the decision must be set aside.

Mr Harrison submitted and I accept that I should remake the decision but that I only need to address Article 8 of the ECHR. The grounds of appeal against the SSHD�s decision limit its submissions to the interference with family life that will be caused by the respondent not attending his niece�s wedding.