VA166292013

This is an appeal against the respondent's decision on 19 July 2013 to refuse the appellant entry clearance as a family visitor. The appeal came before a First-tier Tribunal Judge on 27 May 2014 but the judge ruled that the appellant did not have a right of appeal and so there was nothing more for him to determine.

First-tier Tribunal Judge Fisher gave permission to appeal because, although the appellant had indicated a wish to visit his aunt, who for the purposes of the appeal is not a "family member", the grounds of appeal and the application made it plain that the appellant also wished to visit his mother. It followed that his appeal was a "family visitor appeal" and was, at that time at least, an appealable decision.

On 17 June 2015 the respondent served a Rule 24 notice stating in terms, "The respondent concedes that there was a right of appeal". The same notice made it clear that the respondent did not concede the appeal and intended to support the respondent's decision.

I caused my clerk to contact the parties. I am told that the respondent agrees to the appeal being decided in the way I have indicated. I have a letter from the appellant's nominated representative in the United Kingdom, a Mrs Siyani, in which she has signed a copy of the letter sent by the Tribunal service to her on 6 July 2015 and I take that as her consent.

I remind myself that pursuant to Rule 34 of the Tribunal Procedure (Upper Tribunal) Rules 2008 the Upper Tribunal may make a decision without a hearing although it must have regard to any view expressed by a party.