VA066242013

The appellant is a national of Pakistan, born on 1 January 1964. His appeal against the decision of the respondent dated 27 December 2012 to refuse his application for an entry clearance as a family visitor was dismissed by the First-tier Tribunal Judge in a determination promulgated on 31 July 2014. The FTT Judge was not satisfied that the appellant was a genuine visitor for the period stated.

On 4 September 2014, First-tier Tribunal Judge Osborne granted the appellant permission to appeal to the Upper Tribunal. It was an arguable error that the Judge had missed the appellant's wife's statement which was in the bundle. The Judge had however stated that there was no written statement from her. There was however a brief statement from her in the bundle which was available for him to consider.

The Upper Tribunal found that although it was clear that the Judge had given a very detailed and otherwise careful determination, a significant part of his assessment included the finding that there was no written statement from the sponsor's mother. In addition, there was evidence, albeit brief, regarding the state of health of the appellant's mother. There was also a report from a local doctor that the appellant's mother, whom the doctor had treated for a long time, was paralysed. He also referred to his treatment of her �as a case of HTN DM II.�

The Judge had accordingly not taken into account a potentially significant corroboratory statement from the medical practitioner which affected his ultimate finding that the appellant did not have the necessary intention to leave the UK at the end of his visit.

The parties accordingly agreed that the decision should be set aside and re-made. The appellant's sponsor requested that he be given the opportunity to produce further evidence. Mr Walker, who represented the entry clearance officer on the 27 October 2014 had no objection in that regard. Directions were given and the rehearing was accordingly adjourned to 22 December 2014.