VA334652012

The appellant is a citizen of Zimbabwe who was born on 28 th January, 1956 and who is the mother of the sponsor, Mr Khulekani Moyo.

The appellant applied for entry clearance as a family visitor to visit her son, the sponsor. Her application was refused on 14 th June, 2012. The appellant appealed and her appeal was heard by First-tier Tribunal Judge Traynor in a determination promulgated on 12 th April, 2013, following a hearing at North Shields on 6 th March, 2013.

The judge set out at paragraph 3 of the determination, the reasons recorded by the respondent for refusing the appellant�s application. The respondent was not satisfied that the appellant met the requirements of paragraph 41(1) and 41(2) of Statement of Changes in Immigration Rules, HC 395, as amended (�the Immigration Rules�).

Permission to appeal was granted because the appellant believed that the judge had made an arguable error of law in that documents on which the appellant relied had been omitted from the documents set to and considered by the judge. She believed that the British High Commission, visa section, had failed to forward to the Tribunal all documents on which she relied and which she had submitted with her application.

I clarified with both the sponsor and the Entry Clearance Officer the documents which had been submitted to the Tribunal by the appellant and which documents had been submitted by the appellant to the Entry Clearance Officer with her application. The sponsor and Presenting Officer both confirmed to me that the copy �deed of transfer� in respect of a property in Cowdray Park Township related to the appellant�s home.