OA143562013

I shall refer to the parties as in the First-tier Tribunal. The Appellant is a citizen of Pakistan born on 10 th March 1940. Her appeal against the refusal of entry clearance was allowed, on Article 8 grounds, by the First-tier Tribunal in a determination dated 17 th April 2014. The Secretary of State applied for permission to appeal.

Permission to appeal was granted by First-tier Tribunal Judge McDade on 19 th May 2014 on the grounds that it was arguable that First-tier Tribunal Judge Wellesley-Cole had erred in law in finding that there were compelling circumstances in the Appellant�s appeal outside the criteria laid down in Appendix FM.

At paragraph 11 of the determination, the Judge found that looking at matters in the round, the Appellant did not satisfy the requirements of the Immigration Rules because she could manage some everyday chores, although she had some difficulty cooking meals; she did not have a maid because the last one stole from her.

At paragraph 12, the Judge found that �even on the most liberal interpretation of the Rules, the Appellant does not appear to meet them because her daughter in the past did help her and is not in a position to do so now and she has failed to make out her case that she has a disability requiring long-term care to perform everyday tasks, although she has some age related illnesses as a 73 years old.� The Judge concluded that the Appellant had not fulfilled the requirements of the Immigration Rules.

At paragraph 17, the Judge found that the medical report, which was not before the Respondent, showed that the Appellant�s medical problems were present at the date of decision. This coupled with her son�s oral testimony of her worsening health and the effect on other family members of being apart from the Appellant, shifted the balance in the Appellant�s favour because all of the difficulties set out in the grounds of appeal rebutted the Respondent�s concerns.