VA271092012

This is an appeal against a determination of First-tier Tribunal Judge Gladstone determined on the papers on 5 th March 2013 in which he dismissed the appellant's appeal against the refusal of an Entry Clearance Officer (ECO) to allow her to enter the United Kingdom for the purposes of a family visit.

The date of decision is the 8 th July 2012 and the reason the ECO refused the application was because it was not felt the appellant had demonstrated she met the requirements of paragraphs 41 (i) and (ii) of the Immigration Rules.

The appellant sought permission to appeal which was granted on the 10 th May 2013 by First-tier Tribunal Judge Saffer on the basis Judge Gladstone should have acceded to a request made on 17 th December 2012 for the case to be determined at an oral hearing to enable the sponsor who is in the United Kingdom to give evidence, on payment of the relevant difference in the fee between an oral and paper hearing.

The First-tier Tribunal (Immigration & Asylum Chamber) Fees Order 2011 sets out the rules for charging fees. The Tribunal Procedure (Amendment) (No.2) Rules 2011 make consequent changes to the Asylum & Immigration (Procedure) Rules 2005. A fee is payable in respect of an appeal to the First-tier Tribunal where the appeal relates to an immigration or asylum matter and the decision against which the appeal is made was taken on or after the coming into force of the Fees Order (Article 3(1) of the Fees Order).

� You have not requested an oral hearing and you must now pay �80.00 in order for your appeal to proceed. This payment must be made to the tribunal no later than Monday, 24 September 2012. Failure to pay the fee will result in the tribunal taking no further action on your appeal�.