VA195252013

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant, born February 15, 1988 is a citizen of Egypt. On September 23, 2013 he submitted an application for entry clearance as a family visitor. The respondent refused his application under the Immigration Rules on November 4, 2013 and limited his right of appeal to the grounds set out in Section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002.

The appellant appealed to the First-tier Tribunal under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 on December 2, 2013. The respondent reviewed those grounds of appeal on February 26, 2014 but maintained the original decision. On September 8, 2014 Judge of the First Tier Tribunal Metzer (hereinafter referred to as the �FtTJ�) heard his appeal. He allowed the appeal under the Immigration Rules in a determination promulgated on September 23, 2014.

The respondent lodged grounds of appeal on September 25, 2014 and on October 31, 2014 Judge of the First-tier Tribunal Ransley granted permission to appeal finding it arguable the FtTJ had erred because there was no right of appeal under the Immigration Rules because the original application was made after June 25, 2013 and Section 52 of the Crime and Courts Act 2013 restricted such rights of appeal to the grounds in section 84(1)(b) and (c) of the 2002 Act.

There was no Rule 24 response filed by the appellant and the matter came before me on the above date. Neither the sponsor nor her solicitor was in attendance. A notice of hearing had been sent to the solicitors, sponsor and appellant on November 12, 2014. In the absence of any explanation for their non-attendance I proceeded to hear the respondent�s application.