VA186112013

This is an appeal with permission against a decision by Judge of the First-tier Tribunal S Taylor dismissing an appeal against refusal of entry clearance as a visitor.

The appeal was considered by the First-tier Tribunal without a hearing. The judge had before him a letter dated 23 October 2013, seemingly from Ms Belousova, in which she explained that at the time of his earlier application the appellant was not sure if she would agree to marry him and he was even unsure of her location. He preferred not to disclose the real nature of his visit as he thought this might lead the Entry Clearance Officer to make enquiries of Ms Belousova and this would alert her to his visit.

A Rule 24 notice was submitted on behalf of the respondent stating that on the evidence the judge was entitled to find that the refusal under paragraph 320(7B) was justified. The sponsor�s letter indicated that the appellant had not been truthful although the appellant sought to justify the reasons for that. It was contradictory to suggest that the sponsor was only an acquaintance of the appellant when the letter from Ms Belousava indicated more than that.

At the hearing before us Mr Matthews acknowledged that the earlier application for entry clearance from October 2012 was not before the First-tier Tribunal and was not available for us to examine. There was no record of the interview carried out with the appellant. Mr Matthews indicated that he had a document verification report but he acknowledged that this had not been before the First-tier Tribunal. He accepted that it was for the respondent to establish deception.

Mr Matthews further pointed out that the application was made after the change to the rights of appeal for family visit visa applications. It was noted, however, that Article 8 was raised in the grounds of appeal to the First-tier Tribunal.