OA126582013

This matter comes before the Upper Tribunal as the result of Judge E.B. Grant giving permission to appeal in the following terms:

The hand-written grounds are not easy to read and I have struggled to decipher the appellant�s handwriting. In what I can understand the appellant submits the determination lacks clarity that it is not clear what decision under the Immigration Rules the judge has made findings on and the reasons therefore. The appellant asks if Article 8 has been considered.

I have some sympathy with the grounds. The determination comes across as poorly structured but it is clear from the findings that the judge found the appellant could not meet the requirements of the Immigration Rules because she had not shown, supported by medical evidence, that she needed help to perform everyday tasks and the evidence of Mrs Naseem did not state what the appellant could or could not do for herself without assistance. In other words the evidence fell short of establishing that the appellant met the requirements of the Immigration Rules.

There are no findings on article 8 which was raised as an issue before the judge in the witness statement of the sponsor Mr Jabber. I cannot see if Article 8 was raised in the Grounds of Appeal because the handwritten grounds of appeal are illegible to me. Permission is granted limited to Article 8.

The appellant is a citizen of Pakistan who was born on the 1 st January 1944. She had appealed to the First-tier Tribunal (Judge Robson) against the refusal of the respondent to grant her application for entry clearance as an adult dependent relative of her son (Mr Abdul Jabbar) who is a British citizen.