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The appellant, Karthik Rajaraman Saraswathy, was born on 11 September 1988 and is a citizen of India. He has applied for entry clearance to the United Kingdom as a visitor. His application was refused by the ECO (Entry Clearance Officer) at Chennai on 23 July 2014. The appellant appealed to the First-tier Tribunal (Judge Oakley) which in a determination determined on the papers 16 January 2015, dismissed the appeal. The appellant now appeals, with permission, to the Upper Tribunal.
Judge Oakley's determination is flawed by legal error. At the date of his decision, there was no basis on which the appellant could appeal to the First-tier Tribunal under the Immigration Rules, the only basis upon which Judge Oakley has determined this appeal. The decision makes no mention of the appeal on human rights and/or race relations grounds. I am, therefore, satisfied that the decision of the First-tier Tribunal is flawed by legal error and have remade the decision.
The determination of the First-tier Tribunal which is dated 16 January 2015 is set aside. I have remade the decision. This appeal is allowed on human rights grounds (Article 8 ECHR).
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