VA022632015

The Entry Clearance Officer has been granted permission to appeal the decision of First-tier Tribunal Judge Abebrese allowing the appeal of the appellant against refusal to grant him entry clearance to the UK for a period of fourteen days.

The immigration history of the appellant indicates that he was refused entry clearance into the United Kingdom in 2010 on the basis that he did not hold an electronic travel ticket. Furthermore, the record of the respondent shows that he was refused twice at port, this being in 2010 and also once in New York on 16 January 2013.

The Entry Clearance Officer refused entry clearance to the appellant as a visitor because he was not satisfied that the appellant was a genuine visitor who intended to leave at the end of his visit to his sister in the UK.

The appellant was granted a restricted right of appeal as contained in Section 84(1)(b) and (c) of the 2002 Nationality, Immigration and Asylum Act. The restricted appeal rights for visitors coming to visit family members in the UK applied to any application made on or after 25 June 2013. As this instant application was made on 12 February 2015, it was subject to the appeal restriction. The restriction meant that the appellant's only argument was whether the refusal to grant him a visit visa violated his Article 8 rights.

It was clear from the decision that the judge failed to consider the appellant's appeal in accordance with the restriction contained in Section 84(1)(b) and (c) of the 2002 Act.