VA105612013

The appellant was born on 23 July 1981 and is a citizen of Pakistan. He appealed a decision of the respondent refusing him entry clearance to enable him to make a family visit to the UK for six weeks. The date of decision was 14 May 2013. His application was refused by reference to paragraphs 41(i), (ii) and (vii) of the Immigration Rules, HC395. The respondent did not accept the appellant had provided accurate information about himself.

The appellant appealed and his appeal was heard by Judge of the First-tier Tribunal Britton on 28 October 2013. The judge noted the appellant was single with a brother and two sisters in the UK. The judge was not satisfied the appellant was in the financial position he said he was in. He did not accept the appellant intended to leave the UK at the end of his visit because, in a previous application, he used an uncle as sponsor who had never met the appellant and who knew very little about him.

The appellant appealed against Judge Britton�s decision with the permission of the First-tier Tribunal. After a hearing on 6 February 2014, Judge Britton�s decision dismissing the appellant's appeal was set aside by Deputy Upper Tribunal Judge Davey. He found the decision contained a material error of law because the reasons provided by the judge did not show there had been proper consideration of all the evidence. He directed that the decision be re-made by the Upper Tribunal.

�41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months; and