VA002252014

This is an appeal brought by the Entry Clearance Officer who has permission to appeal the decision of the First-tier Tribunal (Judge Verity) who allowed the appeal of the Respondent against the decision of the Entry Clearance Officer made on 17 th December 2013, refusing her entry clearance to the United Kingdom for the purpose of a family visit.

Whilst the Entry Clearance Officer brings the application for permission, I intend to refer to the parties as they were before the First-tier Tribunal.

�Furthermore, you have failed to demonstrate sufficiently strong ties to Nigeria to satisfy me that you intend to leave the UK but rather you have good economic reasons for not doing so. Given your doubtful financial circumstances, I am not satisfied on the balance of probabilities that you will abide by the employment conditions of visitor entry clearance. I have also considered that you have no previous UK travel history. Furthermore, I also note that you have no dependants in Nigeria.�

Thus the Entry Clearance Officer was not satisfied that she was a genuine visitor seeking entry for the period or for the purpose as stated and refused the application under paragraph 41(i), (ii), (vi) and (vii).

It is also plain from that decision that the Entry Clearance Officer set out that the Appellant�s right to appeal that decision was limited to the grounds identified at Section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002. That Section provides � the decision is unlawful under Section 6 of the Human Rights Act 1998 as being incompatible with the Appellant�s Convention rights�.