VA064662014

This is an appeal by the Entry Clearance Officer against a decision of First-tier Tribunal Judge Wyman, promulgated on 21 August 2015, in which she allowed Ms Dube's (the claimant) appeal against the decision of the Entry Clearance Officer of 1 October 2014 refusing her application for entry clearance as a visitor to the UK.

The Entry Clearance Officer sought permission to appeal against the First-tier Tribunal's decision to the Upper Tribunal. On 22 December 2015 First-tier Tribunal Judge Frankish granted the Entry Clearance Officer permission to appeal. The grant of permission sets out that paragraph 35 of the First-tier Tribunal decision indicates an arguable application of the old approach rather than the foregoing considerations beyond a brief reference to Razgar [2004] UKHL 27 .

In reply Mr Tarlow submitted that the case simply was that the appellant was not in the UK, she wishes to come here but has been refused by the Entry Clearance Officer. The judge has failed to give inadequate reasons as to why Article 8 considerations should fall in the appellant's favour.

Section 117A of the Nationality and Immigration Act 2002 sets out the scope of the new Part 5A headed "Article 8 of the ECHR; Public Interest Considerations" as follows:

The correct approach to consideration of a 'visit appeal' where the only grounds available are on the basis of Human Rights does not result in the claimant's ability to meet the Immigration Rules as irrelevant. As held in Kaur (visit appeals; Article 8) [2015] UKUT 487 (IAC) (' Kaur '):