VA055682013

This is an appeal against a determination of First-tier Tribunal Judge Moore promulgated on the 16 th October 2013, in which the Judge allowed Ms Delaitubuna�s appeal against the refusal of an Entry Clearance Officer (ECO) to grant entry clearance to allow her to enter the United Kingdom for the purposes of a family visit.

The application was refused as the ECO was not satisfied Ms Delaitubuna is a genuine visitor under paragraphs 41 (i) (ii). The refusal notice, dated 23 rd January 2013, states that Ms Delaitubuna has a limited right of appeal on the grounds referred to in section 84 (1) (c) of the Nationality Immigration and Asylum Act 2002 (the �2002 Act�). This ground is limited to a claim that the decision is unlawful under section 6 of the Human Rights Act as being incompatible with Ms Delaitubuna�s Convention rights.

An appeal was lodged challenging the decision which was received by the First-tier Tribunal on 22 nd February 2013. It was completed by Mr Lee who describes Ms Delaitubuna in section D of the fees form as �a friend�. The grounds of appeal are as follows:

Following the appeal being received it was referred to a Duty Judge as it was stated to be out of time with no reasons being provided and because a validity issue arose. On the 20 th March 2013 the Duty Judge considered the referral and made the following case management decision:

�Sponsor claims to be the applicant�s partner��. finding of fact will need to be made. Appeal to proceed. Validity for the IJ�