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This appeal comes before us following the grant of permission on 9 September 2013 by First-tier Tribunal Judge Wellesley-Cole in respect of the determination of First-tier Tribunal Judge Snape who dismissed, on paper, the appeal of the appellant by way of a determination promulgated on 24 July 2013.
The appellant is a Sri Lanka, national born on 27 February 1945. She appeals against the decision of the respondent to refuse her entry clearance to visit her adult children for a period of three weeks.
The appeal was dismissed by the judge who did not believe the appellant�s intentions were as claimed bearing in mind her lack of income and assets and the fact that she had previously applied for settlement.
The grounds argue that the judge did not have regard to all the evidence and erred when she found the appellant had no assets, it being said that documentary evidence of property had been included in the bundle before the Tribunal. Permission was granted on that basis and arguably because the judge had used the wrong standard of proof referring to �not being convinced� in paragraph 12 of her determination.
At the conclusion of the hearing I indicated that I would be setting aside the decision of the First-tier Tribunal and remitting the appeal back to that Tribunal for hearing afresh. I now give my reasons for doing so.
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