VA162602012

This is an appeal against a decision of the First-tier Tribunal dismissing an appeal by the appellant against the respondent�s decision made on 15 May 2012 refusing his application for entry clearance as a family visitor. Permission to appeal has been granted by the First-tier Tribunal.

The appellant is a citizen of Nigeria born on 22 November 1980. On 27 April 2012 he applied for entry clearance to attend his cousin�s wedding saying that he intended to stay in the UK for ten days. He said that he was both employed and self-employed. He gave his present work as a site engineer with Telix Technologies and also said that he had income from various shares and held landed property and shares in various companies.

No application was made for a hearing and the appeal was accordingly allocated for a decision on the documentary evidence. The judge noted the issues which had concerned the respondent about the appellant�s financial circumstances and then reminded herself that there was no right of appeal in a visit appeal unless the application was made for the purpose of visiting a family member as defined in the relevant regulations.

The appellant sought permission to appeal on the basis that the issue of the relationship was not one of the issues in dispute between the parties and that the appellant�s notice and grounds of appeal against the respondent�s decision had not been properly considered.

Accordingly, it may well be argued that the judge had materially erred in law. However, the appellant must bear in mind that the burden of proof rests on him to establish the relationship with the sponsor.�