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The Appellants, Mr and Mrs Ali, who are citizens of Pakistan, applied on 8 October 2013 for entry clearance to the UK as family visitors for six weeks. Their application was refused on 4 November 2013. The decision stated that their right of appeal was limited to the grounds referred to in Section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002, which relates to human rights claims.
Their grounds of appeal, submitted in identical terms on 25 November 2013, address the substantive issues in the decision and conclude that �I humbly appeal under human rights act to grant my wife/husband and I a visa to visit our sons and granddaughters in the UK�. This is the only reference in their Notices of Appeal to the Human Rights Act.
On review on 18 February 2014 the Entry Clearance Manager upheld the decision. Under the heading �Preliminary Issue� he wrote:
�I initially note that I am limited to considering the appeal in relation to the Human Rights Act (HRA) and/or the Race Relations Act (RRA) as the appellant was correctly afforded a limited right of appeal as he applied as a family visitor post 25/06/2013. I kindly ask the Immigration Judge to consider the appellant�s right to a full appeal in the interest of continuity and fairness before considering his grounds for appeal any further.
The appellant has not alleged in his grounds of appeal that the decision breaches either the HRA or RRA.�
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