OA016232014

This is an appeal by the Appellant against the decision of First-tier Tribunal Judge Fletcher-Hill (hereafter "the Judge"). On 26 August 2015 the Judge dismissed the Appellant's appeal against a decision of the Entry Clearance Officer ("ECO") dated 19 December 2013 refusing her application for a Certificate of Entitlement to the Right of Abode in the UK as a child of a deceased person who had become a British citizen prior to the Appellant's birth.

There is some history behind this application. It is not necessary to refer to that history in detail. It is germane that this is the Appellant's third application for a Certificate of Entitlement. The first two applications were refused on 6 May 2009 and 9 February 2010 respectively. The refusals were the subject of appeals before the First-Tier Tribunal before Judge Sharp and then Judge Clayton. Evidently, the appeals were dismissed. In this application the Appellant submitted additional evidence not hitherto considered by the ECO or the First- tier Tribunal.

The Appellant lodged an appeal. Her pleaded case sets out a litany of grounds of error of law and procedure on the part of the Judge. First-tier Tribunal Judge Colyer found those grounds arguable and granted permission on 25 January 2016.

Following the grant of permission, the Respondent lodged a reply of 16 February 2016 pursuant to Rule 24 of the Tribunal Procedure (Upper Tribunal) Rules 2008, opposing the appeal on the basis that there was no error of law and that the grounds amounted to a disagreement with the Judge's findings that were otherwise open to her on the evidence.

Directions were issued that there should be a hearing before the Upper Tribunal to ascertain whether the First-tier Tribunal had erred in law such that the decision should be set aside.