VA001292013 & VA001202013 & VA001242013

The claimant appealed the decision to allow the respondent�s appeal, but not the decision to allow the appeals of his parents. The grounds of the appeal point out that the respondent�s application was dated 12 th October, 2012, and that the respondent was accompanying his parents to visit his uncles.

On 9 th July, 2012, the Immigration Appeals (Family Visitor) Regulations 2012 (�the Regulations�) came into force, the effect of which is to re-categorise the class or description prescribed for the purposes of Section 88A(1)(a) of the Nationality, Immigration and Asylum Act 2002 (�the 2002 Act�). Under Section 88A(1)(a) of the Act, a person may not appeal under Section 82(1) against refusal of an application for entry clearance, unless the application is made for the purposes of:

�(a) visiting a person of a class or description prescribed by the Regulations for the purpose of this sub-Section .�

Under the Regulations, the respondent is a �family member� if he is visiting a spouse, civil partner, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother or sister, father-in-law, mother-in-law, brother-in-law or sister-in-law, son-in-law or daughter-in-law or stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister. The Regulations do not give a right of appeal to someone who has applied for entry clearance to visit the United Kingdom for the purposes of a family visit to visit their uncle.

As a result, the respondent had no right of appeal and the First-tier Tribunal Judge therefore had no power to consider the respondent�s appeal.