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This is an appeal against the decision of First-tier Tribunal Judge Herlihy promulgated on 8 th April 2014, following a hearing at Taylor House on 26 th March 2014. In the determination, the judge dismissed the appeal of Mrs Grace Asare. The Appellant subsequently applied for, and was granted, permission to appeal to the Upper Tribunal, and thus the matter comes before me.
The Appellant is a citizen of Ghana who was born on 11 th November 1948. She appeals against the refusal of entry clearance to visit her son, Mr Alfred A Opoku, present and settled in the UK, under paragraph 41 of HC 395.
The grounds of application state that the reasons given by the judge at paragraph 5.2 to 7.3 �Have nothing to do with what was discussed on 26 th March 2014�.
On 8 th May 2014, permission to appeal was granted on this basis. On 5 th June 2014, a clear and proper Rule 24 response was given by the Respondent Secretary of State. This makes it clear that, �The Respondent is entirely in agreement with the permission� and that �Under the circumstances it is suggested that the error in law matter to be decided on the papers and the appeal remitted back to the First-tier Tribunal for a de novo hearing�.
Despite this very helpful Rule 24 response from the Secretary of State, the matter has nonetheless ended up in an oral hearing before this Tribunal, for no particular good reason.
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