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This is the Secretary of State's appeal against the decision of Judge Myers made following a hearing at Bradford on 28 th March 2014.
The claimant is a citizen of Syria. He appealed against the Entry Clearance Officer�s decision made on 5 th July 2013 to refuse him and his wife entry clearance as visitors under paragraph 41 of HC 395.
The judge heard oral evidence from the Sponsor and was satisfied that the concerns expressed by the Entry Clearance Officer had been satisfactorily addressed, and that the requirements of the Rules relating to visitors were met She allowed the appeal.
The Secretary of State sought permission to appeal on the grounds that the claimant did not have a full right of appeal, which was abolished by Section 52 of the Crimes and Courts Act 2013 in family visitor visa cases and which affected applications submitted on or after 25 June 2013. This application was made on 4 th July 2013. It was therefore not open to the judge to allow the appeal.
The Sponsor complains that the notice of decision informed him that he had a right for appeal against the decision. He said that he had been put to a considerable amount of expense and inconvenience as a consequence of the mistake of the Entry Clearance Officer.
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