VA225482012

I reheard this matter following a decision identifying an error of law which read as follows:

The grounds argue that the Judge made unsustainable findings, failed to have regard to the evidence, and failed to make findings on core issues. It is also argued that the Judge erred in failing to give adequate reasons for the negative credibility findings made and had misapplied paragraphs 320(7B) and 320(11). The respondent had never even produced the document which was claimed was false.

It is arguable that the Judge erred in considering that the appellant bore the burden of proof in regard to the general grounds for refusal under paragraph 320 including the production of a false document (paragraph 4 refers). This ground is arguable. Whilst the remaining grounds are of less, immediately identifiable, arguable merit, the decision in Ferrer (limited appeal grounds; Alvi) [2012] UKUT 304 (IAC) is followed and permission granted on all grounds pleaded�

The appellant is a Nigerian Citizen born on 4 th September 1946. She applied for leave to enter the United Kingdom for two months as a family visitor on 25 th April 2012, before the Immigration Appeals (Family Visitor) Regulations 2012 came into effect.

The Respondent refused entry clearance on 6 th June 2012 on the basis that the appellant had been refused entry clearance at Manchester Airport on 30 th December 2007 when she had used deception, presenting a counterfeit return ticket to an Immigration Officer. The application was refused under rules 320 (7B) and 320(11) of the Immigration Rules. There were in addition to the counterfeit airline ticket other matters which led the Immigration Officer to suspect that her visit was not genuine.