VA180042013

The Appellant is a citizen of Nigeria born on 24 th August 1993. The Appellant had applied for a visit visa for one month to visit his mother in the United Kingdom. His application was refused in August 2013 by the Entry Clearance Officer, Lagos.

The Appellant appealed and the appeal came before Immigration Judge Whalan sitting at Taylor House on 7 th May 2014. In a determination on the papers the Appellant�s appeal was allowed in respect of the Immigration Rules.

On 20 th May 2014 the Secretary of State lodged Grounds of Appeal to the Upper Tribunal pointing out that the judge had gone beyond his jurisdiction and had therefore erred in law and that the decision should be set aside. On 12 th June 2014 First-tier Tribunal Judge Colyer granted permission to appeal. It is on that basis that the appeal comes before me. For the purpose of continuity within the Tribunal proceedings the Secretary of State is referred to herein as the Respondent and Mr Salami as the Appellant albeit that this is an appeal by the Secretary of State.

The Appellant appears by his instructed Counsel Mr Jibowu and the Secretary of State by her Home Office Presenting Officer Mr Saunders.

Mr Saunders submits the First-tier Tribunal Judge has erred in law in that he had no jurisdiction to hear the appeal under the Immigration Rules and therefore he asks me to find that there is a material error of law in the decision of the First-tier Tribunal Judge, to set aside the decision and to remake the decision in favour of the Secretary of State.