OA087362013

Whereas the original respondent is the appealing party, I shall, in the interests of convenience and consistency, replicate the nomenclature of the decision at first instance.

The appellant, born May 6, 1956 from Nigeria. She applied for entry clearance as the partner of a British citizen under Appendix FM of the Immigration Rules. The respondent refused the application on March 3, 2013.

The appellant appealed under section 82(1) of the Nationality, Immigration and Asylum Act 2002 on April 4, 2013. The respondent reviewed the original decision on July 12, 2013 but upheld the decision. The matter came before Judge of the First-tier Tribunal Andonian (hereinafter referred to as the �FtTJ�) on April 4, 2014 and in a decision promulgated on May 6, 2014 she allowed the appeal on article 8 grounds but dismissed the appeal under the Immigration Rules.

The respondent lodged grounds of appeal on May 15, 2014 and on June 9, 2014 Judge of the First-tier Tribunal Cruthers gave permission to appeal finding there were arguable grounds that the FtTJ had erred not following the approach set out in Gulshan [2013] UKUT 640 (IAC) .

I clarified with Ms Glass that no application to appeal had ever been made either to me or the Tribunal. I reminded her of EG and NG (UT rule 17, withdrawal; rule 24; scope) [2013] UKUT 143 (IAC) and in particular the contents of paragraph [46] which makes it clear that a Rule 24 response (such as the document filed on July 31, 2014) does not create a right of appeal. She agreed and accepted that no grounds of appeal had ever been lodged and the parties agreed to concentrate solely on the respondent�s grounds of appeal.